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(영문) 광주지방법원 2014.10.22 2014고단3101
식품위생법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 has operated the C'C' in Gwangju North-gu B and the first floor.

A person who intends to run a singran business shall obtain permission from the competent authorities, but the defendant, at around 01:50 on July 13, 2014, installed a singing machine in the guest room, and sells a 10,000 won of basic musical instruments with 10,000 won each, to customers whose names are not known in one room and six rooms of the said establishment, and singing with a singing machine.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (a manual for control);

1. Application of statutes on site photographs;

1. Relevant laws concerning criminal facts and Articles 94 subparagraph 3 and 37 (1) of the Food Sanitation Act.

1. Article 62 (1) of the Criminal Act;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the following special circumstances are considered: (a) positive factors that determine the punishment as ordered by the order, by taking account of the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character and conduct, career, environment, etc. as shown in the pleadings of the instant case: There is no criminal record of suspended execution or more; (b) the current closure of business and the refusal of illegal business; and (c) negative factors that the Defendant again committed the instant crime on March 31, 2014, even if the Gwangju District Court received a summary order of KRW 3 million as a crime of violating the Food Sanitation Act on March 31, 201

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