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(영문) 광주지방법원 2013.12.06 2013고단4220
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates general restaurants in the name of “C” on the first floor of the building located in the Dong-gu Seoul Metropolitan City.

When the original customer intends to engage in a business in the form of singing or dancing, he/she shall obtain a business license for an entertainment drinking house from the competent administrative agency.

Nevertheless, around August 11, 2013, the Defendant run an entertainment drinking business without permission by setting up special lighting such as automatic reflectrs and balls while selling alcoholic beverages to many unspecified customers without obtaining permission for an entertainment drinking club.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on site photographs and business report certificates;

1. Relevant laws concerning criminal facts and Articles 94 subparagraph 3 and 37 (1) of the Food Sanitation Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on October 16, 201, while the defendant was sentenced to a fine on three occasions due to the same crime, considering that the permission for entertainment bar business was obtained from the competent authority on October 16, 2013 after the institution of public prosecution of this case;

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