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(영문) 전주지방법원 정읍지원 2016.04.28 2016고정17
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is running a business in the name of “C” in the former North Korea-gun B.

The Defendant installed six business facilities, such as cooking equipment, gas sirens, strings, air conditioners, and guest tabless, where food can be cooked in approximately 70 square meters of the above business place. On September 13, 2015, the Defendant sold them together with alcoholic beverages, such as (1kg 35,000 won), and (7,000 won of the blades (7,000 won), without filing a business report with the head of the competent Si/Gun, which is the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to the investigation report;

1. Article 97 Subparag. 1 and Article 37 Subparag. 4 of the former Food Sanitation Act (amended by Act No. 13277, Mar. 27, 2015); the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant misleads and reflects his mistake, has no record of punishment for the same kind of crime, and that he operated a general restaurant business without reporting in addition to the date of detection of the case

The fact that there is no evidence to determine the person shall be considered as favorable to the defendant, and the size and facilities of the place of business of this case, the degree of benefits acquired by the crime of this case, and the age, sex, economic circumstances, and circumstances before and after the crime, etc. shall be determined by taking into account all the factors of sentencing, including the defendant's age, sex, economic circumstances

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