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(영문) 서울중앙지방법원 2019.05.24 2019고합219
식품위생법위반
Text

A defendant shall be punished by imprisonment for six 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

The facts charged were partly revised according to facts obtained through the examination of evidence to the extent that it does not materially disadvantage the defendant's defense right.

[Criminal Power] On January 16, 2018, the Defendant was sentenced to a fine of KRW 4 million as an offense of violating the Food Sanitation Act by the Seoul Central District Court.

【Criminal Facts】

Any person who intends to run a dan business shall obtain permission from the competent authority.

Nevertheless, at around 03:30 on January 30, 2019, the Defendant, without obtaining permission from the competent authorities, equipped with the recording and video recording equipment, such as studio 6 and studio for each room, and sold alcoholic beverages worth KRW 10,000,00 in total, to customers D, who found the room, with the studio 6 and the studio.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Report of investigation (examination of the offense committed by application and confirmation of the same criminal record), and report of the occurrence of the case;

1. On-site photographs and each business registration certificate;

1. Before judgment: Criminal records, investigation reports (verification of the date of final conviction and the date of final judgment), and application of Acts and subordinate statutes of the Seoul Central District Court 2017 High Court Decision 2542;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant's assertion and judgment under Article 62-2 of the Criminal Act regarding probation and community service order

1. The gist of the Defendant’s assertion is not that of the instant shop, but that of the music video production room.

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