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(영문) 서울중앙지방법원 2015.07.03 2015고합329
식품위생법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 12, 2013, the Defendant received a summary order of KRW 3,000,000 on the charge of violating the Food Sanitation Act, which became final and conclusive on April 23, 2013.

From January 7, 2015 to February 22:50, 2015, the Defendant, without obtaining permission from the competent authority, provided that “E” from the first floor of the Gangnam-gu Seoul DD Building, from around 22:50 to around 30,00, with a studio 6 in the area of approximately 35 square meters, equipped with automatic image reflectrs, microphones, etc., and provided customers with singing in line with video reflectrs, and then, the Defendant sold a studio 5,00 won per day to customers, and sold a 20,000 won-day average of 30,000 won per day.

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

Defendant’s legal statement

The F’s written business registration certificate, business report certificate, control manual, field photograph, monthly rent contract (Evidence Nos. 3 through 6, 16), investigation report (Violation of the Music Industry Promotion Act), and criminal investigation report (Attachment of Document No. 1,20) (Attachment of Document No. 1,20): The Defendant was sentenced to a fine under Article 94(2), (1)3, Article 37(1) of the Food Sanitation Act for criminal facts subject to the law, and Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation of sentence (Evidence No. 8,9,23 of the Document No. 94(1) of the Food Sanitation Act (Evidence No. 8,9,23 of the Document). The Defendant was sentenced to a fine under Article 62(1) of the Act for the suspension of execution within five years without permission, considering the reasons for sentencing).

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