A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "C" in the Seoul Special Metropolitan City B.

[2018 Highest 2329]

1. No general restaurant operator who violates the Food Sanitation Act due to a violation of business regulations shall be equipped with sound facilities and allow customers to dance;

Nevertheless, at around 23:10 on May 18, 2018, the Defendant violated the rules of conduct by having a sound facility and special lighting in the above place and by encouraging an unspecified number of people to dance by music.

[2019 Highest 517]

2. A Defendant violating the Food Sanitation Act due to the violation of an order for suspension of business was issued an administrative disposition of suspension of business from November 27, 2018 to March 24, 2019 by the head of the Jeonju-si, on or around December 10, 2017, around February 18, 2018, and around March 4, 2018, by permitting customers to be equipped with sound facilities and dance in the above place.

Nevertheless, from December 8, 2018 to January 20, 2019, the Defendant continued to operate a business in violation of the business suspension order by selling alcoholic beverages to unspecified customers at the above general restaurant.

Summary of Evidence

[2018 Highest 2329]

1. Defendant's legal statement;

1. A business notification certificate;

1. On-site photographs and CDs;

1. Control reports and reports (detailed details, etc. of control details) (2019 altitude517);

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Business registration certificate, on-site photographs, written confirmation, and attached documents;

1. Application of Acts and subordinate statutes to control and report violations of the Food Sanitation Act and report internal accidents;

1. Relevant legal provisions concerning criminal facts, subparagraph 6 of Article 97 and Article 44 (1) 8 of the Food Sanitation Act (Violation of the matters to be observed by business operators), subparagraph 7 of Article 97 and Article 75 (1) of the Food Sanitation Act (Violation of Business Suspension Order) of the Food Sanitation Act, and choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the following reasons for sentencing) are as follows.