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(영문) 서울동부지방법원 2014.10.22 2014고단1686
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 23, 2014, the Defendant is prohibited from engaging in any food service business that reported general restaurant business in the trade name of “D” on the first floor of Songpa-gu Seoul Metropolitan Government 171.8 square meters, while a general restaurant business operator shall not be allowed to have sound and reflect facilities in the place of business and allow customers to sing.

1. On April 15, 2014, the Defendant: (a) around 23:00 on April 15, 2014, the Defendant: (b) installed five rooms; (c) cameras; and (d) installed sound facilities, such as automatic reflectors, caption screeners, microphones, etc., in the said room; and (d) had one customer E and one other, in the seven rooms.

2. On July 3, 2014, the Defendant: (a) at each of the above places, the Defendant provided sound facilities, such as automatic reflectors, caption screen screeners, microphones, etc., at each of the said places; and (b) provided music to customers who are not aware of the names of f, 2 and 7, 3, and 3.

Accordingly, the defendant violated the code of practice of food service business operators.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each statement of E and F preparation;

1. Application of Acts and subordinate statutes on site photographs and business report certificates;

1. Article 97 subparagraph 6 of the Food Sanitation Act and Article 44 (1) of the same Act, comprehensively including the applicable law to facts constituting an offense and the choice of punishment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Taking into account the fact that he/she has not been sentenced to a suspended sentence of imprisonment or more);

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