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(영문) 수원지방법원 2017.07.13 2017고정1317
식품위생법위반등
Text

Defendant shall be punished by a fine of one million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who violates the Food Sanitation Act is a business of cooking and selling mainly alcoholic beverages among food entertainment business, and intends to engage in singing business in which customers are allowed, shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, on March 16, 2017, the Defendant, without obtaining permission from the head of the competent Gu on March 16, 2017, provided that, at the “C” shop located underground in Suwon-si B, the Defendant engaged in the singinginging business by having customers who had found the place of alcoholic beverages run a singing business using the said singing instruments.

2. No person who violates the Educational Environment Protection Act shall engage in danran tavern business in an educational environment protection zone for the protection of public health, sanitation, safety, learning, and educational environment of schools;

Nevertheless, around March 16, 2017, the Defendant, at the main point of “C” as described in the above 1. paragraph located in the educational environment protection zone located at D elementary schools with 131 meters away from D elementary schools, operated a dan bar business as described in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic investigation reports and GIS in educational environment protection zones;

1. Application of statutes on site photographs;

1. Article 94 (1) 3, Article 37 (1) of the Food Sanitation Act (Unauthorized Permission Permission) on criminal facts, Article 16 (1) and Article 9 subparagraph 26 of the Educational Environment Protection Act (a place of danran tavern business within an educational environment protection zone);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the Food Sanitation Act of which punishment is heavier);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the primary offenders, and the punishment as ordered shall be determined by taking into account the following factors such as the Defendant’s age, sexual conduct, environment, etc.

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