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(영문) 대구지방법원 2014.10.08 2014고정1424
식품위생법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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 vinyl business in the parking lot adjacent to a road near the D farm located in the Cheongdo-gun, Cheongbuk-do-gun.

If a general restaurant business is conducted, it shall be reported to the competent authority.

Nevertheless, the Defendant, without reporting to the competent authority on February 8, 2014, was equipped with a plastic house of 90.28 square meters wide of the above place, with 17 tablers, air boomers, gas sirens, gas sirens, tea cream, cooking equipment, etc., and sold them to many and unspecified persons.

The Defendant, including this, operated a general restaurant business with an average of KRW 1,000 per day during the period from around that time to March 24, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of public official in E;

1. Application of Acts and subordinate statutes to a written accusation, a business trip report, a photograph, and a criminal investigation report (or a business period);

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act that choose a penalty;

1. The sentencing of Articles 70 and 69(2) of the Criminal Act is to be declared like the order, comprehensively taking into account the following factors: (a) the Defendant’s confession and reflects the reasons for sentencing; (b) there is no punishment other than once a fine; and (c) there was no previous conviction; (d) the period of business was limited to a short term; and (e) the Defendant’s age, character, conduct, intelligence and environment; (f) family relationship; (f) motive, means and consequence of the crime; and (f) various kinds of sentencing as shown in the argument of the instant case

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