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(영문) 대구지방법원 2019.11.27 2019고단3521

식품위생법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who operates a music record, music, and video production business registration establishment under the trade name of “C” in Daegu-gu B.

Anyone who intends to run an entertainment business shall obtain permission from the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu.

Nevertheless, on June 22, 2019, the Defendant, without obtaining permission from the competent authority on June 22, 2019, equipped with sound and visual recording equipment, such as singing machines, in five rooms inside the said establishment, sold 4 cans for beer and 20,000 won to the name-free boxes who had access to the said establishment, and had them sings by using such sound equipment.

Accordingly, the defendant was engaged in danran business without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Business registration certificate and a report certificate for production of music records and music video products;

1. Application of Acts and subordinate statutes to notify business places violating the Food Sanitation Act;

1. Article 94 (1) 3 of the Food Sanitation Act and Articles 37 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

1. The sentence of the suspended sentence under Article 62(1) of the Criminal Act is imposed on the Defendant in consideration of the favorable sentencing factors, such as the fact that the Defendant, who was sentenced twice to a fine for a violation of the Food Sanitation Act and was sentenced once to a suspension of indictment, once again, has the record of having been sentenced to a fine for a violation of the Food Sanitation Act, and that the Defendant again led to the same crime of this case. Considering the fact that the Defendant is led to the confession