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(영문) 서울중앙지방법원 2015.05.01 2015고합85
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 5, 2014, the Defendant received a summary order of a fine of three million won on the grounds that the Seoul Central District Court violated the Food Sanitation Act, which became final and conclusive on July 19, 2014.

The Defendant, without obtaining permission from the competent authority, on October 28, 2014, with the trade name “E” from Gangnam-gu Seoul Metropolitan Government D and 16 floors, studio 8, 8, table 8, and Gabs, around October 28, 2014.

After having eight anti-strings, micro facilities, etc., customers have sold beer and beer, etc., and the entertainment bar business which allows customers to sing in line with the anti-strings.

As a result, the Defendant was sentenced to a crime of violating the Food Sanitation Act, and was again engaged in the danran business without permission within five years after the sentence became final and conclusive.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A statement and a document from the defendant;

1. A report on detection, a business report, and field photographs (Evidence Nos. 1, 4, 5 of the evidence list);

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, references to dispositions, undispositioned parts, and reports on results of confirmation (Evidence Nos 7, 11);

1. The main sentence of Article 94 (2) and (1) 3 and Article 37 (1) of the Food Sanitation Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Six months to three years from the date of imprisonment with prison labor;

2. The scope of sentencing criteria according to the sentencing criteria is not set.

3. The crime of this case where the Defendant was sentenced to a punishment for committing a crime of violating the Food Sanitation Act, and the sentence became final and conclusive, and then run a dan business without obtaining the permission of the competent authority in the same trade name at the same place for not less than three months, and the crime of this case cannot be deemed to be negligiblely committed.

The Defendant above.

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