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(영문) 서울중앙지방법원 2015.02.03 2014고정2222
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a food service business operator who conducts an ordinary restaurant business with the trade name “D” in Gangnam-gu Seoul Metropolitan Government.

General restaurants shall not install sound and reflect facilities in guest rooms, and shall not allow customers to sing.

Nevertheless, around March 20, 2014, the Defendant violated the facility standards by installing five guest rooms, sound and reflect facilities, such as video reflectors, spackers, microphones, etc., and allowing unspecified customers to engage in singing using the facilities, thereby failing to comply with the matters to be observed by the food service business operator.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 97 subparagraph 4 of the Food Sanitation Act and Article 36 (1) of the same Act (including where a general restaurant operator has installed sound and reflective facilities in guest rooms), the main sentence of subparagraph 6 of Article 97 and Article 44 (1) of the Food Sanitation Act (including where a general restaurant operator permits customers to sing with sound and reflect facilities equipped with such sound and reflect facilities);

1. Selection of each alternative fine for punishment;

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

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

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

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