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(영문) 서울북부지방법원 2020.03.25 2019고단4923
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

On August 8, 2019, the Defendant was subject to revocation of permission to operate a danran business on the trade name of “C” in Dongdaemun-gu Seoul, Dongdaemun-gu, and the first basement, and on the ground that the head of the competent Gu violated relevant laws and regulations, such as the “act of entertainment”.

Nevertheless, on August 19, 2019, the Defendant did not obtain permission to engage in the business of danran, and had business facilities such as singing machines at the above business establishment on August 22 and 10, 2019, sold to one male customer with no name, and run danran business.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of certificate of closure of business);

1. Certificate of business permission, business registration certificate, and certificate of business closure;

1. Application of C image CD-1 statute

1. Article 94 (1) 3 of the Food Sanitation Act and Articles 37 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant runs a danran business without the permission of the competent authority. Despite the fact that the defendant had been already punished several times due to the crime of violating the Food Sanitation Act, the crime of this case has not been light in that the defendant committed the crime of this case.

However, there are favorable circumstances such as the fact that the defendant recognizes the crime and reflects it, and that there is no record of criminal punishment exceeding the fine.

In addition, the defendant's age, character, conduct and environment, motive and consequence of the crime, circumstances after the crime, etc. are considered, and the same type of punishment as the order is determined in consideration of various circumstances shown in the pleading.

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