A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On July 1, 2014, the Defendant was sentenced to a fine of seven million won for violating the Food Sanitation Act at the Seoul Central District Court on July 1, 2014, and the same month.

9. The above judgment became final and conclusive.

Any person who intends to run a dan business shall obtain permission from a competent authority.

Nevertheless, on October 27, 2014 and January 15, 2015, the Defendant, without obtaining permission from the competent authority, obtained permission for general restaurant business in the name of “E” on the first floor of the Gangnam-gu Seoul Metropolitan Government D Underground, and equipped with nine rooms, sound and reflective facilities, etc. in each room, sold beer and inside alcoholic beverages to the F, etc., who found the place, and had the said customer sing for singing in line with the anti-state, and operated an unauthorized entertainment business.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement from each of G and the F;

1. A criminal investigation report (or submission of materials by the accused);

1. Sovereign photographs, business report certificates, and field control photographs;

1. Previous records before ruling: Each criminal record, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes to report on the confirmation of non-detention of the relevant case;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On July 1, 2014, the Defendant was punished for a violation of the Food Sanitation Act due to the business of entertainment taverns without permission on July 1, 2014.

Nevertheless, the crime is very poor because the defendant, while running a danran business with the same trade name at the same place in the same time with the defendant for a period of three months.

In order to eradicate such repeated and intentional crimes, the legislative intent of the revised Food Sanitation Act is to introduce the lowest sentence system.