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(영문) 서울중앙지방법원 2018.07.19 2018고단2946
식품위생법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a person who operates a general restaurant in the name of "D" on the first floor of the Gangnam-gu Seoul Metropolitan Government C building, and Defendant B is the manager of the said establishment.

Any person who intends to engage in a singinging business in which alcoholic beverages are prepared and sold among food entertainment business and customers are allowed to sing shall obtain permission from the head of a Si/Gun/Gu.

Nevertheless, the Defendants, without obtaining permission from the competent authority from August 2017 to October 26, 2017, had the said entertainment establishments installed a singing club, etc., and sold alcoholic beverages to customers who found the said entertainment establishments, and had them sings with the said singing room used.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 94(1)3 and Article 37(1) of the Food Sanitation Act, and Article 30 of the Criminal Act (the choice of imprisonment) concerning criminal facts;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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