beta
(영문) 서울서부지방법원 2019.01.10 2018고정1019

식품위생법위반

Text

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

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

Reasons

Criminal facts

A resting restaurant business operator or general restaurant business operator shall not violate the matters to be observed by food entertainment business operators, such as providing sound and rebuttal facilities and allowing customers to sing.

Nevertheless, around March 7, 2018, the Defendant: (a) at a general restaurant with the first floor of Mapo-gu Seoul Metropolitan Government building B, “C”; (b) among the size of 158.96 square meters, the Defendant provided customers with a stage facility with a 6.6 square meters amounting to singing and dancing; (c) two music-emitting sound (video) instruments; (d) two music-emitting music; (e) one amno, one e-phone; and (e) one gram-phone and two gram-phones with a e-phone lighting equipment that they reflect in order to stimulate customers’ interest; and (e) provided them with alcoholic beverages to unspecified customers; and (e) provided them with singing or dance at a stage in line with their musical instruments.

Accordingly, the defendant violated the code of practice of food entertainment business operators.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of reports on occurrence (violation of the Food Sanitation Act) and statutes governing field photographs;

1. Article 97 subparagraph 6 of the Food Sanitation Act, Article 44 (1) 8 of the same Act, Article 57 of the Enforcement Rule of the Food Sanitation Act, and attached Table 17 of the same Act;

7. 2 l. (2) Selection of fines.

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

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;