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(영문) 부산지방법원 2017.05.26 2016고합923
식품위생법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 19, 2016, the Defendant received a summary order of KRW 3 million as a result of a violation of the Food Sanitation Act due to the business of an unauthorized danran tavern at the Busan District Court, and the summary order was finalized on February 25, 2016.

Although a person who intends to run a dan or entertainment shop business obtains permission from the competent authority, the defendant is obviously erroneous in the facts charged in the Gangseo-gu Busan Metropolitan Government C from February 2016 to December 23, 2016, so the defendant is correct as above.

In the area of approximately 15 stories "E" singing, three rooms and two singing bars, etc., and male customers Fambling with drinking and drinking alcohol, two workers engaged in entertainment, etc., without permission, such as having two workers engaged in entertainment, and allowing them to provide entertainment.

As a result, the Defendant was sentenced to a violation of the Food Sanitation Act due to the business of an unauthorized dan, and was again engaged in an unauthorized dan or entertainment shop business within five years after the sentence became final and conclusive.

Summary of Evidence

1. Statement by the defendant in the court room or by the defendant in the first trial proceedings;

1. Statement made by the police with regard to F;

1. Report on detection of places of business violating the Food Sanitation Act, and photographs of each control field and accusation;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (including attachment, such as a copy of a summary order, and accompanying materials);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: One year to ten years;

2. The scope of the sentencing criteria on the recommendation criteria shall not be set.

3. The Defendant: (a) was sentenced to a fine for a violation of the Food Sanitation Act, which was committed by an unauthorized dan business; (b) and (c) was engaged in danran business without permission at the same place within five years after the sentence became final and conclusive.

This is repeated.

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