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(영문) 인천지방법원 2021.01.28 2020고단7896
식품위생법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is a person who operates a general restaurant with the trade name “C” on the second floor of the Nam-gu Incheon Metropolitan City, Nam-gu.

Any person who intends to engage in singing as a business of cooking and selling mainly alcoholic beverages, in which customers are allowed, shall obtain permission from the competent administrative agency.

Nevertheless, at around 23:32 on May 13, 2020, the Defendant, without obtaining permission from the competent administrative agency, was equipped with sound and automatic counter-speaking facilities at the place of business of 45 square meters, and sold to four persons, such as D, who found them as customers, with three concurrently-speaking poles, and operated a speaking business by allowing the said customers to use the automatic counter-speaking device.

2. Any person who intends to run a music practice room business in violation of the Music Industry Promotion Act shall be equipped with facilities for music practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and shall register with the competent authority;

Nevertheless, at around 00:32 on April 30, 2020, the Defendant: (a) installed a sound and automatic reflective facility at the above place in the name of “E” without being registered with the competent authority; (b) received 30,000 won per hour for customers in non-name; and (c) operated a practice place by having five persons, such as F, etc., who were found to be customers by having a sound and automatic reflect facility at the same place on May 23, 2020, with sound and automatic reflective facility installed at the same place on May 23, 2020.

3. Around May 23, 2020, the Defendant violated the Music Industry Promotion Act (sales of alcoholic beverages) received 360ml 4 ml 4 ml 20,000 won from five persons, such as F, etc., who found the above “E” engaging in the singing practice room business as stated in the above paragraph (2) and sold them to five persons, including F, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (a statement by telephone of a witness);

1. Sing practice photographs;

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