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(영문) 부산지방법원 2017.01.24 2016고단7438
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 4, 2016, the Defendant violated the Food Sanitation Act by an unauthorized entertainment business without obtaining permission from the head of the Busan Summer-gu Office. On September 4, 2016, at around 00:55, the Defendant operated a public entertainment bar business without permission, having three rooms and three video reflectors in the “Creing room” located under the Busan Seo-gu B, Busan, and selling customers D and E with music for KRW 50,00,000,000, and selling them to customers for singing for KRW 470,000,000,000,000,000,000,000.

2. The Defendant, in violation of the Food Sanitation Act, assisted two women with whom the name cannot be known at the above time and place to provide entertainment by drinking alcoholic beverages and singing with the above customers, and assisted the act of entertainment for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of detection of business places in violation of laws, report on detection of business places in violation, business registration certificate, and report on business control;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 94(1)3 and 37(1) of the Food Sanitation Act concerning selective punishment, Articles 98 Subparag. 1 and 44(3) of the Food Sanitation Act, and choice of imprisonment for a term of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime was committed at the same place with the same reason for sentencing under Article 62(1) of the Criminal Act, and the crime was committed five times or more, including the suspended sentence, but the crime was committed again, and the crime was suspended after the crime of this case, and the crime was committed again to the effect that it does not repeat again;

The sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the various circumstances, such as the defendant's age, sexual conduct, intelligence and environment, motive, means and result

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