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서울중앙지방법원 2015.06.04 2015고합330

식품위생법위반

Text

A defendant shall be punished by imprisonment for one year.

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

On November 26, 2010, the Defendant issued a summary order of KRW 3 million on the charge of violating the Food Sanitation Act due to the business of danran tavern without permission at the Seoul Central District Court, and the summary order was finalized on December 18, 2010.

The Defendant is a person who operates “D” on the second floor of Gangnam-gu Seoul Metropolitan Government C building.

From May 1, 201 to March 21:10, 2015, the Defendant, without obtaining permission from the competent authority, sold alcoholic beverages, such as 4 rooms in the area of approximately 180.09 square meters from around May 17, 201 to around 21:10, and 5,000 won per room, with automatic video conference cycle, microphones, etc., to provide singing to customers with music in line with video-comforcing, and selling to customers under their name, and thereby, operated a entertainment bar business with an average of approximately 30,00 won per day.

As a result, the Defendant was sentenced to a crime of violating the Food Sanitation Act due to the business of danran tavern without permission, and was engaged in danran tavern business without permission within five years after the sentence becomes final and conclusive

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, copies of business registration certificates, real estate lease contracts, and liquidity records;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

1. The main sentence of Article 94 (2) and (1) 3 and Article 37 (1) of the Food Sanitation Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing below);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;

1. The scope of applicable sentences: Imprisonment for one year to seven years;

2. The sentencing criteria on the sentencing criteria are not set. 3. The Defendant was sentenced to a fine for a violation of the Food Sanitation Act on four occasions since July 2007 due to the criminal fact that run an unauthorized danran tavern or an unauthorized entertainment tavern.

Nevertheless, the defendant is not allowed to change the name of the same place at the same time within six months after being sentenced to a fine.