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(영문) 의정부지방법원 고양지원 2018.11.29 2018고단2225
식품위생법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant of “D” in the vicinity of Gyeyang-gu Seoul Metropolitan City, Gyeyang-gu.

Any person who intends to engage in business prescribed by Presidential Decree, such as general restaurant business, shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu, a Special Self-Governing City Mayor, a Special Self-Governing Province branch, or the head of a Si/Gun

Nevertheless, the Defendant did not report to the above competent authorities from August 10, 2018 to October 18, 2018, and operated a general restaurant business by cooking and selling butterts, salting, sprink, sprink, table, chairs, etc. in the area of approximately 5 to 6 square meters from D’s above “D”.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusations (D), accusations, statements, and photographs at the control site of violations of the Food Sanitation Act (free-reported business);

1. Report on the occurrence (violation of the Food Sanitation Act) and on-site photographs;

1. Application of a written accusation, a written accusation, a written statement, or statutes governing field photographs against a person who violates the Food Sanitation Act;

1. Relevant legal provisions of the relevant criminal facts and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act with regard to selective punishment (in whole, the selection of imprisonment, the same criminal history, area, operation period, and enforcement period of the same criminal facts, and the continuous operation of the same criminal records: Provided, That the same shall not apply to the second offense;

(3) in this case.

1. Article 62 (1) of the Criminal Act on the suspended execution;

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