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(영문) 서울중앙지방법원 2015.03.19 2014고단8708
식품위생법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

A person who has obtained permission to operate an entertainment tavern business shall obtain permission from the head of the competent Gu when he/she intends to modify important matters among matters permitted.

On April 9, 2013, the Defendant is a person who, under the name of the head of the Gu in Seoul, operates an entertainment drinking house in the name of “G” after obtaining permission for the business of an entertainment drinking house under the name of the head of the Gu with the second and third floors of building F in Jung-gu in Seoul.

On August 7, 2014, the Defendant installed one room room on the sixth floor of the building in addition to the location of the permitted place of business on August 7, 2014 without permission of the head of the Gu, and employed entertainment workers, and let them enjoy entertainment by drinking alcoholic beverages and play games together with customers who drink alcoholic beverages, thereby expanding and changing the location of the business which is an important matter.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes on business permission and report of internal investigation;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The circumstances favorable to the defendant who committed the instant crime during the period of probation, even though he/she had been sentenced to a fine for the same kind of crime and a suspended sentence, shall be determined as the order in consideration of the defendant's age, environment, circumstances and details of the relevant crime, circumstances after the crime, etc., and other conditions of sentencing prescribed in Article 51 of the Criminal Act;

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