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(영문) 창원지방법원 2016.01.20 2015고정1291
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who runs a general restaurant business in the name of “C” at the window B of Changwon-si, Changwon-si.

Any person who intends to run a dan business shall obtain permission for the branch office of a Special Self-Governing Province or the head of a Si/Gun/Gu.

Nevertheless, the Defendant, without obtaining permission from the competent authorities on September 17, 2015, operated a public entertainment business by installing 10 tables, 40 chairs, and 40 sound equipment in the above restaurant, and allowing the nameless customers who found at the above place to sing in line with musical instruments.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of the Food Sanitation Act;

1. Application of Acts and subordinate statutes, such as writings, certificates of business reporting, and non-violation photographs;

1. Article 94 (1) 3 of the relevant Act and Articles 37 (1) of the Food Sanitation Act concerning facts constituting a crime and Article 94 (1) 1 and 37 (1) of the same Act concerning selective punishment;

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

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

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