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(영문) 대전지방법원 2019.05.23 2019고정305

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of Seo-gu building B and 'C' on the third floor of Daejeon.

No general restaurant business operator shall be equipped with sound and reflective facilities and allow customers to sing.

On November 10, 2018, from around 20:30 to 21:30, the Defendant violated the obligation of a food service business operator by having many and unspecified customers sing down with sound and reflect facilities, such as microphones, spackers, spacks, and drums, on the stage established within the said business establishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of business notification certificates, on-site photographs statutes;

1. Relevant laws concerning criminal facts, the choice of punishment, and Article 97 subparagraph 6 of the Food Sanitation Act, Article 44 (1) 8 of the Act on the Selection of Fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, allowed customers to have sound and reflect facilities by violating the code of practice of food service business operators.

Accordingly, noise damage was inflicted on neighboring commercial buildings.

However, the facts alone cannot be said to be serious to the period and degree of the violation of the law.

The defendant recognizes his wrong and reflects his wrong.

Defendant has no record of punishment for the same kind of crime.

The sentencing conditions, such as the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and the circumstances after the crime, including equity in the case of the same or similar case, shall be determined as the order.