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(영문) 서울서부지방법원 2013.04.17 2012고정1394

식품위생법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” on the 1st and 2nd underground of Mapo-gu Seoul Metropolitan Government and one parcel.

From December 6, 201 to July 21, 201, the Defendant, without obtaining a license for an entertainment drinking business from the competent Gu office, installed lighting and sound facilities in D’s “D” which was reported to a general restaurant business, and provided an unspecified customer who found the above business with alcohol and dance by having him/her enjoying music.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Application of the Acts and subordinate statutes governing enforcement photographs and motion picture CDs for business establishments;

1. Article 94 Subparag. 3 and Article 37(1) of the former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013); the choice of fines for criminal facts;

1. The defendant and his defense counsel's assertion about the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Act for the inducement of a workhouse asserts that the facility type or operating method of the business of this case constitutes general restaurant business within the scope of general restaurant business, and they do not constitute entertainment tavern business under the Food Sanitation Act.

Article 36(2) of the Food Sanitation Act, Article 36(2) of the Food Sanitation Act, and Article 21 subparag. 8 of the Enforcement Decree of the same Act classify food service business into rest restaurant business, general restaurant business, entertainment bar business, entertainment bar business, meal service business. An entertainment bar business mainly prepares and sells alcoholic beverages, where workers engaged in entertainment may be employed, entertainment facilities may be installed, and customers may sing or dance. Article 22(3) of the Enforcement Decree of the same Act provides that “entertainment facilities” refers to dance halls installed for entertainment workers or customers to dance. Thus, food service business operators are allowed to employ entertainment workers, or provide entertainment workers or customers with dance.