logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.10.17 2019고단2233
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu

Nevertheless, the Defendant did not report to the competent authorities, from May 2018 to August 2018, and from May 2019 to July 17, 2019, with the trade name of "D", three air conditioners, seven usuals, cooking facilities, etc., and sold white accommodation to customers who find the place.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. Application of statutes on site photographs;

1. Article applicable to the crime, Article 97 subparagraph 1 of the Food Sanitation Act, Articles 97 and 37 (4) of the Act on the Selection of Penalties, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had already been punished four times (one time in 2005, two times in 2013, and one time in 2017) or more (one time in 2005) prior to the instant crime, the Defendant again committed the same kind of crime without being well aware.

It is necessary to punish defendants who repeat the same mistake more strictly.

However, in light of the fact that the defendant shows the attitude of recognizing the crime of this case and reflecting his mistake, the size of general restaurant business and its operating period, and other circumstances shown in the records and arguments of this case, such as the background of the crime of this case, age, character and conduct, living environment, etc., the punishment as ordered shall be determined by taking into account the following circumstances.

arrow