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(영문) 의정부지방법원 고양지원 2016.07.22 2016고단1362

식품위생법위반

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A defendant shall be punished by imprisonment for four 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

The defendant is a person who operates a general restaurant in the name of "C" on the Gyeyang-gu B and 2nd floor in Gyeyang-gu, Gyeyang-gu.

On January 26, 2016, the Defendant was subject to a disposition to suspend business operations by the head of Geumcheon-gu Office around December 26, 2016 (on March 2, 2016 to April 30, 2016) on the grounds that he/she had a dance hall installed in a place of business other than entertainment establishments.

1. The Defendant continued to engage in the business in violation of the business suspension order by cooking and selling liquors and psychotropic beverages against customers who found their places in the above “C” around March 25, 2016 and around April 5, 2016, despite having received the business suspension order as above.

2. Notwithstanding the disposition of business suspension as above, the Defendant continued to engage in business in violation of the order of business suspension by cooking and selling alcoholic beverages and liquors against customers who found their places from around April 6, 2016 to April 15, 2016.

3. The Defendant continued to engage in the business in violation of the business suspension order by cooking and selling drinking and salves against the customers who found their places in the “C” around April 22, 2016, despite having received the business suspension order as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the control of each business place;

1. Application of Acts and subordinate statutes to photographs of field, such as a certificate of business report, business registration certificate, notice of business suspension, etc.;

1. Article 97 subparagraph 7 of the Food Sanitation Act and Article 75 (1) of the same Act (or choice of imprisonment with prison labor) concerning facts constituting an offense;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant was punished three times by a fine by the act of setting up a dance hall without obtaining permission to conduct an entertainment shop business, and the Defendant continues to run the business at the same place as the indicated in the judgment in the judgment in which the period of suspension of business is still in existence, leading to a crime due to difficulties in livelihood, the frequency of crimes, and the period of business