(영문) 부산지방법원 동부지원 2017.11.08 2017고단1997

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2017.11.08 2017고단1997

식품위생법위반

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

A person who intends to run a general restaurant business shall report his/her business to the competent authority. However, from April 29, 2015 to September 6, 2017, the Defendant: (a) from around September 29, 2015 to around September 2, 2017, the Defendant: (b) from a restaurant in the trade name, “C” operated by the Defendant located in the Gun of Busan Metropolitan City; (c) and (d) prepared and sold the cost of conflict, spawn, and spawn, etc. to many unspecified customers without reporting his/her general restaurant business to the competent authority; and (d) operated a general restaurant business that raises sales of KRW

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the place of criminal, investigation report (verification of taxation data for the year preceding the year in which no report is filed), relevant public documents, business report (report on the result of regulating illegal restaurant business activities within the waterworks protection zone), application of related photographic Acts and subordinate statutes;

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment (Selection of a punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the business period and size of the restaurant of this case are not small, and that the defendant can have a criminal record identical to that of the restaurant of this case.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the facts charged, and that the defendant seems to operate the restaurant of this case in order to maintain his livelihood.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

참조조문

-형법 제69조 제2항

-형법 제70조

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