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(영문) 서울중앙지방법원 2016.08.25 2016고단1992

식품위생법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the Food Sanitation Act shall obtain permission from the competent Gu office when he/she intends to operate an entertainment shop business;

Nevertheless, the Defendant, in collusion with C (amended by Presidential Decree No. 5 million won on May 28, 2014), reported a general restaurant in Gangnam-gu Seoul on April 9, 2013, with the trade name "E" at Gangnam-gu Seoul Metropolitan Government D on April 9, 2013, and sold drinking and alcoholic beverages equivalent to KRW 800,00,00,00, such as shamper and shamper, and day-to-day, to one customer at the room located in the front of the 1st floor of the said business, and employed F (the age of 29) as an entertainment entertainment entertainment agent, and had the said F drink drink drink drink provide entertainment along with the guest.

Accordingly, the defendant, in collusion with C, conducted a entertainment shop business without obtaining permission.

2. Around 04:50 on April 9, 2013, the Defendant: (a) was investigated at the fourth team office of the Seoul Gangnam Police Station in Gangnam-gu Seoul, Gangnam-gu, Seoul, Seoul, at around 998, on the charge of violating the Food Sanitation Act; and (b) signed the Defendant as G in the suspect interrogation protocol while carrying out an investigation as if the Defendant was G; (c) the investigator in charge stated the Defendant’s personal information to the investigator in charge, signed the suspect interrogation protocol to the investigator in charge, signed the suspect interrogation G; and (d) delivered the suspect interrogation protocol to the investigator in charge of the suspect interrogation G to the investigator in charge.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Copy of each protocol concerning the examination of suspect by the police against the defendant (G) or C;

1. Notification of the results of inquiry into the identity of fingerprinting, and application of the statutes governing the judgment;

1. Relevant legal provisions concerning criminal facts, Articles 94 subparag. 3 and 37(1) of the former Food Sanitation Act (Amended by Act No. 11986, Jul. 30, 2013); Article 30 of the Criminal Act (the occupation of an illegal entertainment shop business, the choice of imprisonment), Article 239(1)2 of the Criminal Act (the occupation of forging and exercising a private signature)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act: