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(영문) 서울북부지방법원 2020.10.15 2020고정1142
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” on the first basement B in Seoul Special Metropolitan City, Nowon-gu.

Any person who intends to engage in singing as a business of cooking and selling mainly alcoholic beverages, in which customers are allowed, shall obtain permission from the competent authorities.

Nevertheless, the Defendant did not obtain permission from the competent authority, from October 18, 2018 to June 26, 2020, sold alcoholic beverages mainly to customers who found in the above business place, and had them receive music with the sound facilities installed in front of the sound facilities, and allowed many unspecified customers to sing in line with the musical instruments.

Summary of Evidence

1. Defendant's legal statement;

1. Scenic photographs of the police interrogation protocol of the accused;

1. Business report certificate and business registration certificate;

1. Application of Acts and subordinate statutes on reports on occurrence of accidents;

1. Article 94 (1) 3 of the Food Sanitation Act and Articles 37 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) the Defendant confessions and reflects the instant crime; and (b) the Defendant is the primary offender; and (c) comprehensively reflects the various sentencing conditions indicated in the record, such as the Defendant’s age, occupation, family relationship, motive and circumstance after the commission of the crime; and (d) determine the punishment as ordered.

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