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(영문) 서울서부지방법원 2017.08.25 2017고정624
식품위생법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice place business shall be equipped with a facility for singing practice, as prescribed by Ordinance of the Ministry of Information and Communication, and shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without registering around 22:30 on March 14, 2017, opened approximately 25 square meters in the name of “C” on the B’s branch of Eunpyeong-gu Seoul Metropolitan Government, and opened a studio 5 in the size of 25 square meters, and singing practice room business by receiving KRW 20,000 per hour to customers who are unable to know their names.

2. Although the Defendant, while running a singing practice room business, was prohibited from selling or providing alcoholic beverages, the Defendant sold three cans to customers in 4,00 won per unit at the time and place of Paragraph 1, and at 4,000 won per unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on enforcement and photographs on control;

1. Relevant Article 34 (3) 1, Article 18 (1) (Operation of an unregistered singing practice room), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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