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(영문) 의정부지방법원 2020.06.18 2020고정663

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 of “C” with the Government-si B and 2nd floor.

Any person who intends to run a dan business shall obtain permission from the competent authority.

Nevertheless, at around 20:00 on January 27, 2020, the Defendant, without the permission of the competent authorities, operated a public entertainment business by installing special lighting facilities such as stage equipment, spackers and sound facilities such as microphones, automatic viewing facilities such as computers, etc., and operating a public entertainment business by allowing customers who find out such facilities to prepare and sell alcoholic beverages and liquors, and singing.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. A business notification certificate;

1. Application of Acts and subordinate statutes to investigation reports (related to verification as to whether dans are permitted);

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are the circumstances favorable to the defendant, such as the fact that the defendant acknowledged the facts charged in the instant case and reflects his mistake, and that the defendant is the first offender without any previous

However, considering that the crime of this case was committed by allowing the defendant to singing to customers without obtaining permission from the competent authorities, and the circumstances that are disadvantageous to the fact that the crime of this case is not good in light of the circumstances and contents of the crime, it is deemed that the punishment of a summary order on the defendant is not excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.