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(영문) 수원지방법원 2018.05.11 2018고정619
식품위생법위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who violates the Food Sanitation Act is a business of cooking and selling mainly alcoholic beverages among food entertainment business, and in which customers are allowed to sing, he/she shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, the Defendant, without obtaining permission from the competent authority on February 1, 2018, operated “C” stores of the Defendant’s operation on the first basement B of Suwon-si, Suwon-gu, Suwon-si, with a view to having customers who installed a singing room and sold alcoholic beverages, and engaged in singing by using the said singing room.

2. No person who violates the Educational Environment Protection Act shall engage in danran tavern business in an educational environment protection zone for the protection of public health, sanitation, safety, learning, and educational environment of schools;

Nevertheless, on February 1, 2018, the Defendant run a danran business at the main point of “C” as described in paragraph 1. located in an educational environment protection zone located at a 128-meter radius from D secondary school as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the measurement and guidance of internal history, field photographs, and school distance;

1. Article 94(1)3, Article 37(1) of the Food Sanitation Act (the occupation of an unauthorized food entertainment business) concerning criminal facts, Article 16(1) and Article 9 subparag. 26 of the Educational Environment Protection Act (the occupation of an act prohibited within an educational environment protection zone);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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