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(영문) 광주지방법원순천지원 2020.11.18 2020고단764
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

The defendant is a food service business operator who operates a general restaurant in the name of "C" on the second floor of the building B at a leisure time.

A general restaurant business operator is prohibited from performing an act of allowing customers to singing with sound and reflect facilities, but the Defendant did not comply with the rules to be observed by the food service business operator by allowing D to have sound and reflect facilities installed in the above “C” around November 24, 2019 and singing.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports (on-site situations, etc.) - Business reporting certificates, on-site photographs, investigation reports (on-site visits and CCTV verification), - Application of Acts and subordinate statutes to on-site photographs and investigation reports (to listen to D Telephone statements by witnesses);

1. Article 97 Subparag. 6 of the Food Sanitation Act, the choice of punishment for the crime, Article 44(1)8 of the Act on the Selection of Imprisonment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, on June 11, 2019, issued a summary order of a fine of KRW 2 million to a crime of violating the Food Sanitation Act, and that the same power was once more than six times in total, is negative.

However, in light of the fact that the defendant appears to have an attitude that the defendant would not take the same act of violation again while against his mistake, etc., the defendant's age, character and behavior, environment, criminal records, circumstances and results of the crime of this case, etc. shall be determined as ordered by taking into account various factors of sentencing as shown in the records, such as the circumstances after the crime.

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