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(영문) 부산지방법원 2017.05.17 2017고정12
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,800,000.

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 dynasium in the name of “C” on the Busan Jung-gu B and 1st floor.

A person who intends to operate an entertainment shop business shall obtain permission from the competent authority.

Nevertheless, on October 23, 2016, without obtaining permission from the competent authorities, around 02:05, the Defendant provided the said places with approximately 128.26 square meters of guest rooms with four guest rooms, etc. three concurrent poles of each week, and had two entertainment receptions provide entertainment receptions with two entertainment receptions, singing or dancing.

Accordingly, the defendant was engaged in an unauthorized entertainment shop business which sets up a prize of 500,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to reports on control of public morals places;

1. Article 98 of the relevant Act and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s primary offender; and (b) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (c) the circumstances constituting the conditions for sentencing, including the circumstances after the commission of the crime, are to be mitigated than the summary order.

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