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(영문) 대전지방법원 2016.11.11 2016고정1010
식품위생법위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of Daejeon Dong-gu B and C with “C”.

Any person who intends to run an entertainment bar business shall obtain permission from the competent authorities.

Nevertheless, on March 23, 2016, at around 22:19, the Defendant, without obtaining permission from the head of the competent Gu, carried on a entertainment bar business by having approximately 100 persons and six-person tables in approximately 100 persons, and having them together with singing machines, electronic singing machines, microphones, etc., and selling them to an unspecified number of customers with singing at around 20,00 won, and one day-to-day per week per week, respectively, at around 22:19.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a scene photograph of enforcement, investigation results report;

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. Although the scale of the business place operated by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is small, the sentence shall be determined as ordered by considering the following circumstances: (a) the defendant reflects the fact that the business period, the defendant's primary offender who has no criminal power, etc.; and (b) the defendant's age, character and conduct, environment, occupation, etc., and other conditions of sentencing as indicated in the records and arguments, including the defendant's age, character and behavior, and occupation.

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