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(영문) 서울서부지방법원 2019.11.27 2019고정715

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 with a trade name in Mapo-gu Seoul Metropolitan Government “C”.

The places of business of resting restaurants, general restaurants or bakeries shall not install a caption image system or automatic reflector available to customers, and resting restaurant business operators, general restaurant business operators, general restaurants, etc. shall not allow customers to sing with sound and reflect facilities, or allow customers to dance with sound facilities.

Nevertheless, around December 17, 2018, the Defendant installed facilities, such as one stage (a large area of 8 square meters), three haloged lighting, one automatic reflectr, and one film device for captioning, which allow customers to sing and dance at the said place, thereby violating the facility standards and obligations of the general restaurant business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any violation of the Food Sanitation Act;

1. Application of statutes, such as field photographs (No. 3 of evidence list);

1. Subparagraph 4 of Article 97 of the Food Sanitation Act and Article 36 (1) 3 of the same Act concerning facts constituting an offense (the fact of violating the standards for facilities, the decision of fines), and subparagraph 6 of Article 97 and Article 44 (1) 8 of the Food Sanitation Act (the fact of violating the requirements, the selection of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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