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(영문) 대구지방법원 서부지원 2020.05.06 2019고단3640
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

No person shall, for the purpose of profit-making, engage in entertainment together with customers at a place where food services are rendered.

Nevertheless, the Defendant, at around 02:30 to 05:00 on December 1, 2019, provided food service business (general restaurant business) with the trade name “C” located in Daegu-gu Seo-gu B, Daegu-gu, and sold alcoholic beverages to customers, provided entertainment with D and E, and provided entertainment services for profit, such as drinking alcoholic beverages with customers from October 1, 2019 to December 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 98 of the Food Sanitation Act and Articles 98 and 44 (3) of the same Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act provides that the defendant has the same criminal records and several times for the reason of the suspended sentence, the defendant recognizes and reflects the crime of this case, and the sentencing conditions, such as the defendant's age, character, conduct, environment, circumstances of the crime, means and result, shall be determined as ordered in consideration of all the circumstances after the crime.

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