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(영문) 수원지방법원 성남지원 2013.09.06 2013고단1623
식품위생법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant has violated the Food Sanitation Act without obtaining permission from the competent authorities.

A. On May 10, 2013, around 00:20 on May 10, 2013, in order to employ female employees D and E at a singing practice room located in Sungnam-si B, Sungnam-si, and sell car cans, beers, eight beers, and alcoholic beverages to three customers, and customers are singing in singing machines;

B. On June 14, 2013, around 23:30, the Plaintiff employed one female employee at the instant singing practice room, sold alcoholic beverages, alcosing alcoholic beverages, etc. to his/her name to customers, and made customers singing in singing machines, thereby running a singinging bar business.

2. On May 29, 2013, the Defendant violated the Music Industry Promotion Act: (a) around 22:50, without registering a singing practice room business; (b) had approximately nine rooms of approximately 60 square meters on the 3rd floor in Sungnam-si, Sungnam-si; and (c) received 30,000 won per hour from G and 10 customers with the trade name of a singing practice room business; and (d) operated a singing practice room business.

3. On June 20, 2013, the Defendant, who violated the Music Industry Promotion Act and was damaged by a public official in charge of the branch office, continued to operate a singing practice room business as set forth in the foregoing paragraph 2 of the same Article, and thereby, took measures to attach a notice informing that the business concerned is illegal to the entrance of the said singing practice room and to seal the business facilities. However, on June 22, 2013, the Defendant removed the notice and seal affixed to the said singing practice room at around 104, 107, and 109, operated the business at around 104, 107, and 109, thereby damaging the seals that the public official conducted in connection with his/her duties, and operated the business in violation of the measures to close the establishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, D, or E;

1. Measures to file a complaint against a photograph, each administrative disposition order, a business trip name, a closure photograph, on-site photograph, or a non-registered singing practice room;

1. Each person and each written statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 of the Food Sanitation Act applicable to the relevant criminal facts and Article 94 of the option of punishment;

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