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(영문) 대전지방법원 천안지원 2015.07.16 2014고단1608 (1)
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who makes a general restaurant report on the first floor B in Western-gu, Western-gu, and operates ‘‘(C’.

Any person who intends to run an entertainment tavern business shall obtain a business license from the competent administrative agency.

Nevertheless, from April 2014 to July 26, 2014, the Defendant operated an entertainment drinking house business without obtaining permission, such as selling drinking and drinking to customers about 95 square meters from the above business place to July 26, 2014, by installing a sound facility, an identification house, and a stage, and allowing customers to dance in music.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D, E, F, and G;

1. Each accusation;

1. Application of Acts and subordinate statutes on measures for eradicating illegal business operations and the current status and measures related to H civil petitions;

1. Article 94 Subparag. 3 of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014); Articles 37(1) and 37(1) of the same Act regarding criminal facts

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires consideration of the following factors: (a) the punishment shall be determined by considering the final sentence of the owner of a similar shop in the vicinity over which the defendant was placed on the grounds of sentencing; (b) the defendant’s operating period and size; and (c) the fact that the defendant has no record of being punished by a fine or more (i.e., the Automobile Management Act once); and

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