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(영문) 대전지방법원 2013.09.05 2013고단2137
식품위생법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

Although a person who intends to run a singran business obtains permission from the competent authority, the defendant operated a "Dinematographic Production Room" on the second floor of the Seo-gu Daejeon Daejeon, and operated the following singran business without obtaining permission from the competent authority:

1. At around 10:40 on December 7, 2012, the Defendant received money from seven persons, such as E, who have been customers, from the video production room, and provided one disease and nine diseases for both weeks, and singing with the singing facilities installed therein.

2. On January 11, 2013, at the above video production room around 08:45, the Defendant provided five customers, such as F, etc., with one set of five confluences and singing.

3. On February 2, 2013, at the above video production room around 04:00, the Defendant provided two persons, including G, etc., who have been customers, with one payment of money and singing.

4. On February 26, 2013, between 08:00 and 10:35, the Defendant received money from two persons, such as H, who have been a customer, from the above video production room, and provided two diseases, seven diseases, and singing via a singing room installed therein.

5. On May 6, 2013, at the above video production room around 06:30 on May 6, 2013, the Defendant received money from three or more persons, including I, who have been customers, and provided three or more persons with a set of singing using a singing room installed therein.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police statement made by J;

1. Written or written statements of E, H or I;

1. Reporting on the occurrence of each case, and the application of the Acts and subordinate statutes reporting each investigation;

1. Relevant legal provisions concerning facts constituting an offense and Articles 94 subparagraph 3, 37 (1), and 36 (1) 3 of the Food Sanitation Act (generally, the choice of imprisonment with prison labor);

1. According to Article 62(1) of the Criminal Act, a person shall be selected to be sentenced to imprisonment in consideration of the fact that he/she continues illegal operations for a considerable period of time despite his/her previous conviction.

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