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(영문) 의정부지방법원 2018.11.22 2018고정1323
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From March 2018 to June 11, 2018, the Defendant: (a) around 50 square meters in a store located in Pyeongtaek-gun B; (b) around 50 square meters in the name of “C cafeteria” without filing a general restaurant business report; and (c) operated a general restaurant business by cooking and selling multi-slocks in the amount of KRW 50,00 per day average to customers who have provided meals, with the name of “C cafeteria” without filing a general restaurant business report.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Application of statutes on site photographs;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

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

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act, even if the Defendant was sentenced to a fine of two million won due to the same crime around November 2017, the Defendant’s liability for the crime is not easy.

However, the size and business period of the restaurant in this case, the balance of general punishments in the same kind of similar cases, and other punishments shall be determined by comprehensively taking into account the age, sex, environment, etc. of the defendant.

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