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(영문) 인천지방법원 2014.06.03 2014고정1308

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 in the name of “C” in the Nam-gu Incheon Metropolitan City B.

Any person who intends to carry on the food service business shall obtain permission from the competent authorities by type of business or by place of business under the conditions as prescribed by the Presidential Decree.

Nevertheless, from October 30, 2013 to January 23:2, 2014, the Defendant operated an entertainment drinking house business by setting up a light and sound facility with a significant size of 89 square meters in the above “C” and by selling alcoholic beverages and junices by singing in order to encourage the interest of an unspecified number of customers, without obtaining permission for an entertainment drinking house business from the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of statutes on enforcement of a control photograph;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;