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(영문) 수원지방법원 2017.11.10 2017노5520
식품위생법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) In a case where the defendant misunderstanding the facts and misunderstanding the legal principles did not obtain permission to run the main points of this case without permission, and the customers want to sing to singing by using the reflect cycle and drums set up on the main points of this case

Thus, the defendant cannot be punished as a violation of the Food Sanitation Act.

Even if the defendant's above act constitutes a violation of the Food Sanitation Act, the defendant did not know that the above act was subject to punishment.

2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than ten years or by a fine not exceeding KRW 100 million, or both penalties may be imposed concurrently.

3. A person who violates Article 37 (1) (1) who intends to engage in any business prescribed by Presidential Decree among the businesses referred to in the subparagraphs of Article 36 (1) shall obtain permission from the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City, a branch office of a Special Self-Governing City, or the head of a Si/Gun/Gu for each type of business or each place of business, as prescribed by Presidential Decree;

The same shall also apply to any revision to important matters prescribed by Presidential Decree among the matters permitted.

(4) A person who intends to engage in the business prescribed by Presidential Decree among those referred to in the subparagraphs of Article 36 (1) shall report to the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City, a Special Self-Governing City, a Special Self-Governing Province, or the head of a Si/Gun/Gu,

The same shall also apply to the modification or closure of the important matters prescribed by Presidential Decree among the reported matters.

Article 36 (Standards for Facilities) (1) Any person who intends to carry on the following business shall be equipped with facilities meeting the standards for facilities prescribed by Ordinance of the Prime Minister:

3. Food entertainment business. (2) Details of the business referred to in the subparagraphs of paragraph (1).

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