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(영문) 창원지방법원 거창지원 2015.11.11 2015고정66
식품위생법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a food service business operator running a general restaurant business with the trade name “D” in Gyeong-gun, Chungcheongnam-si.

A food service business operator shall not install business facilities, other than those permitted or reported, or shall not allow customers to sing with sound and reflect facilities equipped with a general restaurant business operator.

Nevertheless, the Defendant, from June 9, 2015 to June 20:00, installed sound and reflective facilities on the second floor of the said business establishment from around 20:45, and allowed customers, including E, to sing, thereby failing to comply with the requirements to be observed by the food service business operator.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to each investigation report (a copy of a management ledger for permission for business of food service business (report), or appending a marriage certificate);

1. Article 97 subparagraph 6 of the Food Sanitation Act and Article 44 (1) of the same Act concerning criminal facts;

1. Selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (i.e., the Defendant’s failure to repeat the instant crime; (ii) the first offender; (iii) the details and details of the instant crime; and (iv) the Defendant’s use of singing machines after the instant crime, taking into account all the relevant sentencing conditions);

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