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(영문) 서울남부지방법원 2018.09.14 2018고합358
식품위생법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 5, 2016, the Defendant issued a summary order of KRW 1 million on the charge of violating the Food Sanitation Act at the Seoul Southern District Court (Seoul Southern District Court) on August 26, 2016, which became final and conclusive on August 26, 2016.

【Criminal facts-related persons who intend to conduct a danran tavern business” shall obtain permission from the competent authority pursuant to relevant Acts and subordinate statutes.

Nevertheless, the defendant has not obtained permission from March 12, 2018 and the same year from around March 12, 2018.

5. From the date of April, 14, at the “D” house in Guro-gu Seoul Metropolitan Government, a performance hall operated without permission by setting up lighting and musical instruments at a stage, employing Banbs players and allowing customers to sing and selling alcoholic beverages.

As a result, the Defendant was sentenced to a violation of the Food Sanitation Act due to the business of an unauthorized dan, and the sentence became final and conclusive, again run an unauthorized dan business within five years after the sentence became final and conclusive.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. Certificates of business reports, on-site photographs (net 4,7);

1. Each internal investigation report (to communicate a witness E telephone conversations, on-site visit, and to communicate a summons) (the net time 5,6);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (part of the relevant statutes and attachment of summary order);

1. Article 94(2) and the main sentence of Article 94(1)3 and Article 37(1) of the Food Sanitation Act concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six months to five years; and

2. Whether the sentencing criteria are applied: Whether the sentencing criteria are not set;

3. Determination of sentence: Imprisonment with prison labor for six months, and one year of suspended sentence, the Defendant is punished by a fine for a violation of the Food Sanitation Act due to the business of danran tavern without permission, but the sentence becomes final and conclusive, and he/she is again engaged in danran tavern without permission within five years from the

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