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(영문) 서울중앙지방법원 2017.01.12 2016고단7979
식품위생법위반
Text

A defendant shall be punished by imprisonment for four 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

Any person who intends to run a dan business shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority to engage in danran business, operated the main points from December 18, 2015 to July 5, 2016 in the name of “C” on the first floor of Gangnam-gu Seoul, Seoul, with the trade name of “C”, and operated a danran business by raising a monthly average sales of approximately 30 million won for many unspecified customers, who had installed a sound and studio at a place of about 60 square meters including a studio and studio two.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to stage photographs, video reflect photographs, certificates of business reports, and copies of public morals business control reports;

1. Relevant legal provisions concerning facts constituting an offense, Articles 94(1)3 and 37(1) of the Food Sanitation Act, and the choice of imprisonment;

1. Although the reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act has been sentenced to a fine twice for the same kind of crime, the sentence is ordered in consideration of the following circumstances: (a) the defendant recognized the crime and reflects the defendant; and (b) the defendant appears to have discontinued his shop after the control of this case and performed another work; and (c) the defendant's age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of this case are considered.

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