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(영문) 전주지방법원 2019.01.11 2018고정339
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to engage in entertainment bar business shall obtain permission from the head of a Si/Gun/Gu.

Nevertheless, from February 15, 2018 to June 8, 2018, the Defendant operated an entertainment drinking house business by having a sound facility with an area equivalent to approximately 330 square meters in the area of “C” located in Yansan-gu B, Jeonju-si without obtaining permission from the competent administrative agency, and selling alcoholic beverages to customers who found there there, while selling them.

Summary of Evidence

Defendant’s legal statement

D Investigation report(related to video photographing of field police officers) and application of field photograph laws and regulations

1. Relevant laws concerning criminal facts, Articles 94(1)3 and 37(1) of the Food Sanitation Act, and selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order appears to have been continuously engaged in the same business until the date when the first investigation was conducted on March 24, 2018, even after the Defendant was placed under the control of the first place of business for illegal business on or before April 21, 2018. On or around June 8, 2018, the punishment as ordered is determined by taking into account all the circumstances, including the fact that the Defendant had a tendency to obtain economic benefits through illegal business even when he/she continues to engage in the same business until he/she is reported again for the same business.

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