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(영문) 인천지방법원 2017.08.10 2017고단1564
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authorities by place of business.

From April 2, 2016 to October 19, 2016, the Defendant, without reporting to the competent authorities, operated a general restaurant business with a size of approximately 194 square meters, equipped with 34 trustees and cooking facilities for cooking and selling foods, such as illumination.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a business trip name, relevant photographs and written statements;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable condition among the reasons for the sentencing as follows) is that the Defendant had been subjected to several punishments due to an unlawful act in the same place, but again led to the instant crime, etc., considering the favorable circumstances, such as the fact that the Defendant does not repeat and repeat the crime, and that there is a trace of endeavoring to correct the illegal act, etc., the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence as ordered shall be determined by taking into account the favorable circumstances.

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