A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

On December 11, 2009, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to commit a crime of violating the Food Sanitation Act, and the summary order became final and conclusive on January 14, 2010, and on June 17, 2011, the Seoul Central District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for a crime of violating the Food Sanitation Act at the Seoul Central District Court, which became final and conclusive on June 25, 201.

A person who intends to run an entertainment drinking club business shall obtain permission from the head of the competent Gu.

Nevertheless, at around 02:20 on May 11, 2014, the Defendant, without obtaining permission from the head of the competent Gu, carried out entertainment tavern business, where the area of approximately KRW 525.10 square meters in the name of “D” on the 1st floor of the Gangnam-gu Seoul Metropolitan Government Seoul Building, including one hole, four rooms, one kitchen and one sound room, three special lighting, such as spaceball, and a hallway-style hallway-style floor, and thereby making customers dance in music, and selling drinking and alcoholic beverages at an average amount of KRW 1.5 million per day.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A business report certificate, a notification of administrative disposition on the crackdown, each photograph, and D's four servers printed out;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of criminal records) and Acts and subordinate statutes;

1. The main sentence of Article 94 (2) and (1) 3 and Article 37 (1) of the Food Sanitation Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following) was that the Defendant was punished four times, including imprisonment with prison labor, for a crime of violating the Food Sanitation Act due to danran tavern business, etc. without permission.

Nevertheless, the Defendant engaged in an entertainment tavern business without permission in this case.

In order to eradicate such repeated and intentional crimes, the minimum sentence system has been introduced.