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(영문) 대전지방법원 2019.11.21 2019고단1576
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of "C" on the Daejeon Pungsung-gu B and the first basement.

No general restaurant business operator shall install any business facility, other than the business permitted or reported, nor shall he/she operate any business in which customers can sing with sound and reflect facilities.

At around 00:00 on February 23, 2019, the Defendant had automatic reflectrs, screen image devices for caption, drums, microphones, etc., and allowed many unspecified customers to sing in line with anti-states.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on the management ledger of field photographs of business places and food service business business business permission;

1. Relevant laws concerning criminal facts, the choice of punishment, and Article 97 subparagraph 6 of the Food Sanitation Act, Article 44 (1) 8 of the Act on the Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides, “The defendant with the reason for sentencing, in violation of the code of practice of food service business operators, allowed customers to have sound and reflect facilities and sing.”

However, since it was controlled in the process of reporting the assault case on the day of taking over the business place, the period and degree of the violation act is serious.

The defendant recognizes his wrong and reflects his wrong.

Defendant has no record of punishment for the same kind of crime.

The sentencing conditions, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, including equity in the case of the same or similar case, shall be determined as ordered in consideration of the sentencing conditions.

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