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(영문) 대전지방법원 천안지원 2017.12.15 2017고정744
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

In other words, anyone who intends to operate a spot-sale food manufacturing and processing business shall report to the competent authority.

그럼에도 피고인은 관할 관청에 신고하지 아니하고, 2017. 2. 말경부터 2017. 4. 27.까지 천안시 동 남구 B 404호에서 ‘C’ 라는 상호로 즉석판매제조 가공업 영업에 필요한 시설물인 조리기구 등을 이용하여 전화, 카카오톡으로 주문을 받아 짱 아치, 콩나물, 취나물, 고사리 반찬 등을 판매하여 일 매출 6 ~ 7,000원의 매출을 올리는 영업을 하였다.

Accordingly, the defendant operated a spot-sale food manufacturing and processing business without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of public official in charge (D);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article of the Act on Criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act concerning the selective punishment (including cases);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the legislative purport of the Food Sanitation Act that intends to protect the health of the people by preventing sanitary harm caused by food for the reasons of sentencing under Article 334(1) of the Criminal Procedure Act, and by promoting improvement in the quality of food nutrition, the nature of the crime of this case is light.

There is no room to view it.

However, the defendant is the first offender, and the defendant recognizes his mistake and reflects his mistake.

The size of the business is small, and the sales of the reflect by the neighbor's order at home is not high, and the business period is not long.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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