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(영문) 전주지방법원 2015.06.25 2015고정110
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in the former North-U.S. territory B.

A person who operates a general restaurant shall not keep raw materials or finished products, the distribution period of which has expired, for the purpose of cooking and selling, or use such materials or finished products for cooking food.

Nevertheless, at around 14:10 on July 21, 2014, the Defendant, at the foregoing “C” around July 21, 2014, stored in the display site of the business establishment for each cooking one “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report;

1. A statement of detection;

1. A certificate;

1. A copy of a business report;

1. Application of the photographic Acts and subordinate statutes;

1. Article 97 of the Food Sanitation Act and Articles 97 and 44 (1) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (which is not subject to the sentencing criteria) of the provisional payment order (which is recognized by the defendant as the crime of this case, and the fact that the defendant is punished for the same kind of crime or has no record of being sentenced to a fine heavier than that of the fine) is favorable circumstances. The crime of this case requires strict punishment in light of the legislative purpose of the Food Sanitation Act that intends to prevent sanitary harm caused by food, etc., under consideration of unfavorable circumstances, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime of this case shall be determined as ordered by taking into account various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case.

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