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(영문) 서울서부지방법원 2015.04.23 2015고정147

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is running a C dan with the second floor of Yongsan-gu Seoul Metropolitan Government.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such acts to provide any third person at a place where food service business is conducted for profit.

Nevertheless, between April 11, 2014 and April 12, 2014, between D and D from April 22:30, 2014 to April 0:20: (a) the Defendant: (b) had been found to be a customer in C dan; (c) had a male, female, one female, and (d) had been found to be a customer in E and F, and (e) had two male, male, and one female, who was found to be a customer in the said dan bar, present in the said dan bar, and assisted the customer to perform entertainment by having the customer drink and drink it.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Each police suspect interrogation protocol concerning E and F;

1. Written statements of D;

1. Application of statutes on on-site documentary evidence;

1. Article 98 of the Food Sanitation Act and Articles 98 and 44 (3) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that at the time of determination of the Defendant’s assertion, employees were allowed to sit in and drink alcohol at the request of a single-fash customer, so it is difficult to view it as an entertainment. The Defendant did not arrange it, and even if it constitutes entertainment under the Food Sanitation Act, it is not contrary to the social rules, and thus, illegality is excluded.

The following circumstances acknowledged based on the evidence duly adopted and investigated by the court of this case, namely, D is receiving the alcohol inflicted on customers by going in company with customers in the instant danran bar.