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(영문) 수원지방법원 2018.04.25 2018고단486
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Anyone who intends to engage in singinging business in which alcoholic beverages are mainly prepared and sold among food entertainment business and customers are allowed to sing shall obtain permission from the head of the competent Si/Gun/Gu.

Nevertheless, on December 24, 2017, the Defendant, without obtaining permission from the head of the competent Gu on December 24, 2017, installed automatic reflectrs, sound facilities, etc. at “C” music records and video production business places in Suwon-si B, and one story, and operated a singing bar business by having eight customers with no name, such as beer, beer, and beer, who found the place while selling alcoholic beverages, such as beer, beer, and beer, and so forth.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the statutes governing the disposition of field photographs, 112 reported cases;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 94(1)3 and 37(1) of the Food Sanitation Act, and selection of a requisitioned leather for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, continued to engage in an unauthorized dan business at the same place, even though the Defendant was found to have run a dan business without permission and was sentenced to a fine on five occasions at the crime place of this case.

As such, the Defendant’s repeated and intentional crime was committed, the liability for such crime is not against the law.

However, the defendant acknowledges his mistake and again does not commit the same crime.

There is no criminal history exceeding a fine for the accused.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

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