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(영문) 수원지방법원 평택지원 2013.10.31 2013고단708
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates general restaurants in the name of "E" in Pyeongtaek-si D, and shall report to the competent administrative agency in order to conduct business activities.

Nevertheless, from January 26, 2013 to June 7, 2013, the Defendant, having all of the kitchen organizations, such as tablers 29, 116 chairss, 116 air conditioners, 4 gas bags, 3 bags, and 4,500 won per back, and sold the average daily sales of KRW 2,00,000,000.

Accordingly, the defendant operated a general restaurant business without filing a business report.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and G;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of the Acts and subordinate statutes concerning facts constituting an offense, and subparagraph 1 of Article 97 of the Food Sanitation Act which choose a sentence, and Article 37 (4) of the same Act;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act continues to engage in a non-reported business for a considerable period of time even though he/she has already received a summary order for the same kind of crime, the liability

However, the sentence is to be imposed as ordered in consideration of various sentencing factors, such as the defendant's age, family relationship, and motive for the crime, including the fact that the defendant is against the defendant's recognition of the crime and that the defendant has no criminal record exceeding the fine.

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