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(영문) 의정부지방법원 2017.08.24 2017고합245
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was sentenced to a fine of KRW 5 million on September 20, 2014 due to a violation of the Food Sanitation Act in an unauthorized danran Business. The judgment became final and conclusive on September 20, 2014.

A person who operates a singing video production room in Do Government City, and a person who intends to run a singing bar business, without obtaining permission from the competent authorities, and around April 21, 2017, the Defendant installed a singing room and video storage device in the singing room at the singing room at the singing room, and operated a singinging bar business without permission by selling cans and 1 bottles for customers who found the place.

As a result, the Defendant was sentenced to a violation of the Food Sanitation Act due to the business of an unauthorized dan, and the sentence became final and conclusive, again run an unauthorized dan business within five years after the sentence became final and conclusive.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site control photographs, and certificates of reporting production of music records and music video works;

1. Report on occurrence (violation of the Music Industry Promotion Act) and investigation report (on-site conditions);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (the confirmation, etc. of such previous history), investigation report (Article 94 (2) of the Food Sanitation Act related to criminal history) and other Acts and subordinate statutes;

1. Article 94(2) and the main sentence of Article 94(1)3 and Article 37(1) of the Food Sanitation Act concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of the sentencing criteria on the recommendation criteria shall not be set.

3. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspended sentence, the Defendant was sentenced to a fine for a violation of the Food Sanitation Act in the business of an unauthorized entertainment bar, but the sentence is finalized at the same place within five years from the time the sentence becomes final and conclusive.

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