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(영문) 광주지방법원 2015.04.09 2015고단390
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

A business of cooking and selling alcoholic beverages, in which customers are allowed to sing, shall obtain permission from the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Nevertheless, around 23:55 on December 3, 2014, the Defendant prepared and sold alcohol and alcoholic beverages to seven customers, E, etc. from “D,” which is a general restaurant for the operation of the Defendant in the North-gu, Gwangju, and the second floor, and caused “F” to sing by using an automatic reflector, screen image, microphone, etc. installed therein.

On December 23, 2014, at around 21:16, the Defendant continued to prepare and sell alcoholic beverages to 20 passengers, such as G, etc., who had been a guest at the above main point, and had H scam with an automatic reflector, caption image device, microphone device, etc. installed therein.

Accordingly, the defendant did not obtain permission from the competent authorities, and run a dial bar business.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. An explanatory note for each control;

1. Application of Acts and subordinate statutes governing business reporting certificates;

1. Relevant Article of the Criminal Act and Articles 94 (1) 3 and 37 (1) of the Food Sanitation Act (generality and choice of imprisonment) concerning the selection of criminal facts;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (see the reasons for sentencing) have already been engaged in singinging business at the same place, and even when the Defendant had already been punished by a fine and a suspended sentence at the same place, he reported general restaurants in his own name at the same place without obtaining permission, and continued to engage in singing bar business without being opposed to the first detection after the first detection.

In this point, it is necessary to strictly punish the defendant.

However, the defendant seems to have committed the crime of this case for the livelihood of other families.

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