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(영문) 서울동부지방법원 2018.08.21 2018고정631
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a D dan in the first floor of Songpa-gu Seoul Metropolitan Government C.

A person who intends to run a singran business which is a food entertainment business shall be equipped with facilities meeting the facility standards prescribed by Ordinance of the Prime Minister, and according to the above standards, a guest room shall be installed in the center of the main guest room so that the inside of the guest room can be seen as a whole, shall not be installed in a passage or corridor form, and an area which can be installed as a guest room shall not exceed 1/2 of the area of the guest room.

Nevertheless, around October 24, 2017, the Defendant was installed with four guest rooms in the shape of corridor, and the inside of the guest rooms in the center of the main guest room is not seen as a whole, and the guest room was operated with facilities that do not meet the standards exceeding 1/2 of the guest room area.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of investigation reports (control details), D singingran photographs, drawings (D)-related Acts and subordinate statutes;

1. Relevant Article 97 subparagraph 4 of the Food Sanitation Act and Article 36 (1) 3 of the same Act concerning facts constituting an offense, and the selection of fines;

1. Taking into account the facts that there is no record of criminal punishment against the defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, and that the defendant appears to have corrected some (one out of four guest rooms) of the violation, the punishment as ordered shall be determined by taking into account the sentencing conditions set forth in the trial of this case.

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