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(영문) 인천지방법원 2020.12.11 2020고정1573
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Seo-gu, Incheon.

A person who intends to engage in singing as a business of cooking and selling mainly alcoholic beverages, where customers are allowed to sing, shall obtain permission from the competent administrative agency.

Nevertheless, around May 21, 2020, the Defendant, without permission from the competent authorities, provided a sound facility without permission, and allowed many unspecified customers to sing in line with the anti-states, and operated a singing bar business without permission.

Summary of Evidence

1. Application of the police protocol of statement of the defendant D to the police station's legal statement;

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

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 has the history of being punished for the same crime against the defendant. Meanwhile, the fact that the defendant recognizes and reflects the crime of this case, the defendant seems to have a current economic difficult situation, and all other circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as a whole, set forth in the arguments of this case and the sentencing conditions as shown in the records, shall be determined as ordered.

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