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(영문) 수원지방법원 2017.09.21 2017고정2080
식품위생법위반등
Text

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

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

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 in which customers are allowed to sing, he/she shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, on February 14, 2017, the Defendant, without obtaining permission from the competent authority, installed a singing establishment at the “C” shop located in Suwon-si B, Suwon-si, and sold alcoholic beverages, and had customers who found the place of alcoholic beverages singing and singing by using the said singing instruments.

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

Nevertheless, around February 14, 2017, the Defendant, at the main point of “C” as described in paragraph (1) located in the educational environment protection zone located at D elementary schools with 148 meters away from D elementary schools, engaged in danran bar business as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning information about educational environment and cleanup zone;

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 Criminal Act of the Commercial Competition;

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

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