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(영문) 의정부지방법원 2020.01.31 2019고단4250
식품위생법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to operate a general restaurant business shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun

Nevertheless, the Defendant: (a) from May 2018 to April 19, 2019, without reporting the name “C” in Gyeonggi-si; (b) from May 2018 to April 19, 2019, the Defendant provided a general restaurant business with guest seat, kitchen, cooling house, and kitchen with a size of 15 square meters; (c) at that place, the Defendant operated an unregistered general restaurant business by cooking and providing the audience who experienced the collection of Cheong Director-General, and the collected booms.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the accusation of the Namyang Jeju Market, D’s written statements, field photographs and statutes;

1. Article 97 of the Food Sanitation Act applicable to the relevant criminal facts and Articles 97 subparagraph 1 and 37 (4) of the same Act, the selection of fines by universal title;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime for a short period of time, even though he/she had a record of being punished by committing the same kind of crime in the foregoing B B. Therefore, a strict punishment is required.

However, it is recognized that there are favorable circumstances such as the defendant's confession and reflect on the crime of this case, the defendant engaged in agriculture, and the director general or the defendant prepared food incidentally in the process of leading the defendant to experience production of Cheongchina products, etc. In addition, the punishment as ordered shall be determined by taking into account all kinds of sentencing circumstances, such as the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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