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(영문) 의정부지방법원 2019.01.09 2018고단4571
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

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, by type of business

From May 2018 to July 12, 2018, the Defendant, without filing a report with the competent authority, sold 100,000 won of the average daily 10,000 won to customers who find their places with the name of “C” from the end of Nam-si to the end of Nam-si, and with the name of “C” in size of 40,00 square meters, and operated an unregistered general restaurant business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of the competent authorities D;

1. Written accusation of the Southern Fisheries Market;

1. On-site photographs and business registration certificates;

1. Application of Acts and subordinate statutes to a report on investigation (related to confirmation of a criminal fact);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the accused is subject to a fine of 11 times or more for the same kind of crime.

Nevertheless, the defendant is sentenced to imprisonment because he/she repeatedly commits a crime.

However, in the case where a small river maintenance business is implemented in the first place of the above restaurant, and the defendant has already removed the above restaurant, the period and scale of the above restaurant business, the age, character and conduct, environment of the defendant, and other factors of sentencing as stated in the argument of this case, including the defendant's age, character and conduct, motive, means and consequence of the crime of this case, circumstances before and after the crime, and other factors of sentencing as stated in the argument of this case,

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