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(영문) 서울남부지방법원 2016.08.10 2016고정1147

식품위생법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant reported general restaurant business to the head of Yeongdeungpo-gu, Seoul Metropolitan Government and operated “C” on the first floor under B Yeongdeungpo-gu, Seoul Metropolitan Government.

The defendant shall not obtain permission from the head of Yeongdeungpo-gu under his/her jurisdiction for the operation of an entertainment store, and the same month as the lapse of 00:03 on December 4, 2015.

5. From the end of October 2015 to December 5, 2015, around 22:30, around 35 square meters in the above “C”, the said “C” provided a stage facility for dancing 25 square meters in size, sound equipment, and customers to dance in line with DJ’s music, and sold alcoholic beverages, aljus, etc. equivalent to KRW 1 million per day from the end of the said place to December 5, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on report of generation (violation of Food Sanitation Act);

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act concerning facts constituting an offense, and Articles 94 (1) 3 and 37 of the same Act concerning selective punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;