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(영문) 광주지방법원 2013.07.03 2013고단1643

식품위생법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to run an entertainment tavern business shall obtain permission from the Minister of Food and Drug Safety or a Special Self-Governing Province Governor or the head of a Si/Gun/Gu.

Nevertheless, from March 5, 2013 to March 31, 2013, the Defendant: (a) installed amusement facilities, such as stage equipment, sound and reflecting facilities, and LED special lighting equipment, at a general restaurant located in the 1st floor in Gwangju-dong-gu B, Gwangju-gu, and the 1st floor in the ground; and (b) had customers who find the place enjoy drinking, singing, and dance in line with sound and reflect; and (c) operated an unauthorized entertainment tavern business without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Control note, probationary note, and business report certificate;

1. Application of Ccontrol photographs, field photographs and Acts and subordinate statutes;

1. Article 94 Subparag. 3 of the Food Sanitation Act and Articles 37 (1) and 36 (1) 3 of the same Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. It shall be selected by a fine in consideration of the fact that the defendant with reasons for sentencing under Articles 70 and 69(2) of the Criminal Act has no other criminal record other than a fine that is minor one time, and that the defendant seems to make efforts to obtain a legitimate business license, but shall take into account the location of the place of business, facilities and scale, type of business and the period of business, etc.