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(영문) 수원지방법원 성남지원 2019.08.06 2019고단1001
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

A person who intends to conduct an ordinary restaurant business shall report to the competent authority.

Nevertheless, on April 25, 2019, the Defendant, without reporting to the competent authority, equipped with facilities such as table and chairs in a vinyl house located in Gwangju City B on April 14:10, 2019, and sold food and alcoholic beverages, such as Saturdays, to many unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of statutes on site photographs;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished eight times for the same offense, including a fine of two million won for an ordinary restaurant business without reporting, around 2015. However, the Defendant, at a vinyl house built in the vicinity of C without reporting to the next competent authority, engaged in an ordinary restaurant business selling food and alcohol, such as Saturdays, at a vinyl house built in C without reporting to the next competent authority.

It shall be taken into account the fact that there is no other criminal records, except nine times of fine, and other circumstances such as the defendant's age and character, environment, motive, means and consequence, etc., the punishment as ordered shall be determined in consideration of the following circumstances.

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