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(영문) 서울서부지방법원 2016.08.18 2016고정746
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice place business shall be equipped with a facility for singing practice, which is prescribed by Ordinance of the Ministry of Information and Communication, and shall register with the head of the competent Si/Gun/Gu;

Nevertheless, on February 19, 2016, from around 21:00 to March 22:50, 2016, the Defendant, without registering with the competent authorities, provided the following facilities: (a) with the trade name of “C” from around 30:0 to around 22:50, 2016; and (b) provided it to many and unspecified customers with music practice facilities, such as video and non-cinematographic reflectrs, which enable them to sing in a meeting with no interest holder; and (c) provided it to them.

2. No singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, the defendant

A. At around 21:00 around February 19, 2016, cans equivalent to 12,000 won at the market price of alcoholic beverages to D and two other customers, customers, at the places described in paragraph (1) of this Article;

B. On March 2, 2016, around 22:50 around 22:50, at the places indicated in paragraph 1, eight customers were sold and provided each cans amounting to 28,000 won at the market price of alcoholic beverages.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. A protocol concerning the examination of the suspect of the police assigned in the first and second instances against the defendant;

1. Application of each statute of control photograph;

1. Relevant Article of the Act on the Promotion of Music Industry, Article 34(3)1, Article 18(1) (a) of the Act on the Promotion of Music Industry (a place business without registration) for criminal facts, Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (a place of sales of alcoholic beverages) for each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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