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(영문) 대구지방법원서부지원 2020.09.04 2019고단3667
식품위생법위반
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a person who operates general restaurants in the name of “C” on the Daegu Seo-gu B and the first underground floor.

No general restaurant business operator shall be equipped with sound and rebuttal facilities and allow customers to sing.

Nevertheless, around November 16, 2019, the Defendant, at the above “C”, installed automatic reflective facilities and sound devices at the stage, and allowed the said restaurant customers to sing in line with the reflective music at the stage.

Summary of Evidence

1. Application of a written statement of the defendant's legal statement D to the arrest report of the case, a business registration certificate, business notification certificate, and statutes governing photographs;

1. Relevant laws concerning criminal facts, subparagraph 6 of Article 97 and Article 44 (1) 8 of the Food Sanitation Act, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant committed the instant crime even though he/she was punished by a fine for violating his/her obligations in running a singing practice room business, and that the degree of the instant illegal act is not negligiblely unfavorable to the Defendant.

However, considering the fact that the defendant's mistake and reflects the defendant's mistake, and that there has been no record of criminal punishment exceeding the fine so far, the punishment as ordered shall be determined by taking into account all the circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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