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(영문) 서울중앙지방법원 2014.07.04 2014고합581
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

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

On September 14, 2012, the Defendant issued a summary order of two million won for a crime of violating the Food Sanitation Act due to the business of entertainment taverns without permission at the Seoul Central District Court on September 14, 2012, and the said summary order became final and conclusive on January 5, 2013.

On March 18, 2014, the Defendant: (a) around 23:30, at the Eju place in the underground floor of the building in Gangnam-gu Seoul Metropolitan Government, sold alcoholic beverages to two male customers with no knowledge of the name of the said main points, and had the said male guests F and G engage in entertainment by drinking alcohol together with the said customers and singing together with the said customers.

As a result, the Defendant was sentenced to a crime of violating the Food Sanitation Act due to the business of entertainment tavern business without permission and was engaged in entertainment tavern business without obtaining permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu within five

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol concerning F and G;

1. Investigation report (Evidence Nos. 10 and 10), voluntary report;

1. Previous convictions indicated in judgment: Criminal history records, etc. and application of Acts and subordinate statutes;

1. The former part of Articles 94 (2) and 94 (1) 3 and 37 (1) of the Food Sanitation Act related to criminal facts (the occupation of an entertainment drinking tavern business without permission);

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among favorable circumstances described in the grounds for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing).

4. In this case where the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act are not set, the Defendant was subject to punishment three times as a crime of violating the Food Sanitation Act or a fine in the year of 2012 by being sentenced to a summary order of a fine of two million won due to the business of entertainment drinking tavern without permission around July 2012.

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