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(영문) 인천지방법원 2016.04.07 2015고단7995
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years 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 the business to the competent administrative agency.

Nevertheless, the Defendant, without filing a business report with the competent authority from January 29, 2015 to November 26, 2015, installed a facility and a house necessary for cooking, such as table 7, cooling house 2, and gas facilities, in the trade name of “D” from around January 29, 2015 to around November 26, 2015, and operated a general restaurant with an average of about 50,000 won per day, by cooking and selling food, such as 12,00 won, and 18,00 won, to unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes concerning accusation, statement of business trip, and field photograph;

1. Relevant Article of the Act on Criminal facts and subparagraph 1 of Article 97 and Article 37 (4) of the Food Sanitation Act (Optional to Imprisonment with prison labor);

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following conditions favorable to the sentencing) is that the Defendant was sentenced several times to a fine due to unreported business activities, and the Defendant again committed this crime under the unfavorable circumstances, such as the fact that the Defendant’s health and economic conditions are not good, and that the Defendant’s time of committing a crime and is against the law, etc., shall be considered in favorable circumstances, and the sentence shall be determined as ordered, taking into account all the factors such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime.

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