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(영문) 제주지방법원 2015.06.24 2015고단583
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authorities.

Nevertheless, on January 12, 2015, the Defendant, without reporting general restaurant business, provided the name of “Dda” in Jeju City, with one cooling house, one gas park, one cooking instrument, etc., and prepared and sold a kimchi dog, etc. to many unspecified customers, and operated a general restaurant business with an average of approximately KRW 20,000 per day.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation and statement of public official;

1. A copy of the management ledger of business licenses (report);

1. Application of the Acts and subordinate statutes on the photograph ledger;

1. Article applicable to the crime, Article 97 subparagraph 1 of the Food Sanitation Act, Articles 97 and 37 (4) of the Act on the Selection of Penalties, and Selection of Imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The alleged defendant was convicted of the same criminal facts as a crime of violating the Food Sanitation Act and became final and conclusive.

2. The record reveals that the Defendant was sentenced to a fine of KRW 1 million on March 22, 2012 ( Jeju District Court Decision 201No. 40), while operating a general restaurant in the name of “D” and the Defendant was ordered to suspend his/her business for seven days from November 3, 201 to November 9, 201 by the Jeju City Mayor, but he/she violated the order of suspension of business by selling mail-tights to customers on November 13:50, 201, and the Defendant was sentenced to a fine of KRW 1 million on March 22, 2012 (the Jeju District Court Decision 2012No. 40), while operating the general restaurant as above, and the Defendant was ordered to close the general restaurant on December 30, 201 from the Jeju City Mayor on December 15, 201, and the Defendant was sentenced to a fine of KRW 100,000 on February 14, 2012 (the above order of closure).

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