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(영문) 의정부지방법원 2020.06.18 2020고정564
식품위생법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "C" on the second floor of the building B in Namyang-si, Gyeonggi-do.

A person who intends to conduct an entertainment business shall obtain permission from the Minister of Food and Drug Safety or a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Nevertheless, the Defendant, without obtaining permission from December 2018 to January 5, 2020, operated an unauthorized entertainment business without permission, by having the customers enter the place with a sound apparatus such as 5 tablers, shock-type chairs, drums, spackers, microphones, etc., and having them sprink up to the half of the said device, and selling alcoholic beverages and sprinks after cooking and selling them at an average of 150,000 won per day.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on detection and each field photograph;

1. Application of statutes on business registration certificates;

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's consent to the crime of this case and reflects it: The defendant has a record of being punished for the same crime.

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