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(영문) 수원지방법원 안산지원 2019.01.22 2018고단4261
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Silung-si B.

Any person shall, in order to operate a general restaurant business, report the business pursuant to the Food Sanitation Act to the competent administrative agency.

Nevertheless, the Defendant, without reporting to the competent authority from March 2016 to May 21, 2018, operated a general restaurant business by cooking and selling approximately 200,000 won average per day to customers who find out such places with 18 cooking facilities, 18 washing facilities, 6 washing facilities, 18 air conditioners, and 18 air conditioners at the same place, or around 130 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the accusation and control photography;

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. In light of the fact that a person has been sentenced five times to a fine for the same kind of punishment for the reason of sentencing under Article 62(1) of the Criminal Act and continues to commit the same kind of crime, it is necessary to think of his convenience only and to correct his perception through strict punishment to a certain extent, and to correct his perception through strict punishment.

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