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(영문) 서울서부지방법원 2017.12.05 2017고정907

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 singing practice hall in Eunpyeong-gu Seoul Metropolitan Government, "D Sing practice hall", and the above singing practice hall was suspended from the head of Eunpyeong-gu Seoul Metropolitan Government on December 3, 2016 to March 12, 2017, and was closed on December 7, 2016.

1. On December 7, 2016, the Defendant, despite having reported the closure of his/her business with respect to the above singing practice hall on March 7, 2017, he/she engaged in the business, such as having customers enter the said singing practice hall on March 7, 2017 and providing customers with singing machines installed at the place of business.

2. Although a singing practiceman does not sell or provide alcoholic beverages, the Defendant sold 4 cans equivalent to the total amount of 16,000 won to four customers in the singing practice place on the day specified in paragraph 1.

Summary of Evidence

1. The defendant's partial statement (as at the third public trial date, the purport that the defendant's partial statement is recognized in cases of the business of singing practice places without registration);

1. Application of Acts and subordinate statutes to any report on closure of a control site photograph, singing practice place, submission of additional photographs at a control site, and report on investigation (related to car cans produced at the site (referred to 4.5%);

1. Relevant Article of the Act on the Promotion of Music Industry, Article 34(3)1, Article 18(1) (a) of the Act on the Promotion of Music Industry (a place business without registration) for criminal facts, Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (a place where alcoholic beverages are offered) for each fine;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The main text of Article 186(1) of the Criminal Procedure Act (the burden of litigation costs is not imposed, but the principle of prohibition of disadvantageous alteration is not applied, since it is not subject to assessment equivalent to punishment in a substantial sense (see Supreme Court Decision 2001Do872, Apr. 24, 2001).)