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

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

Punishment of the crime

On August 12, 2015, the Defendant received a summary order of KRW 5 million from the Busan District Court to a fine of KRW 5 million due to a violation of the Food Sanitation Act due to the business of an unauthorized entertainment shop. On August 26, 2015, the summary order was finalized on August 26, 2015.

From July 2016 to November 20, 2016, the Defendant, without obtaining permission from the competent authority, provided “D” with the trade name of “D,” and the area of approximately approximately approximately KRW 58.77 square meters, including four guest rooms, two waiting rooms, two facilities for kitchen, four sound equipment, etc., and operated a entertainment bar business with a basic fee of KRW 50,000,000 for customers.

As a result, the Defendant was sentenced to a violation of the Food Sanitation Act due to the business of an unauthorized entertainment store, and the sentence became final and conclusive, and again operated an unauthorized entertainment bar business within five years after the sentence became final and conclusive.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Written accusation and investigation report (net 12);

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, the list of the relevant cases, the summary order, and the investigation report (netly six times)-related Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. The scope of the sentencing criteria on the recommendation criteria shall not be set.

3. The Defendant was sentenced to a fine for violating the Food Sanitation Act for an unauthorized entertainment shop business, but the sentence became final and conclusive, and operated an unauthorized entertainment bar business at the same place within five years after the sentence became final and conclusive.

In order to eradicate such repeated and intentional crimes, in light of the legislative intent of the revised Food Sanitation Act, which introduced the lowest sentence system, the liability for the crime is not somewhat weak.

However, the defendant has recognized his mistake, and it is again the same.