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(영문) 서울중앙지방법원 2018.06.19 2017고정2893

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

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange other persons to provide such services at a place where food entertainment business is conducted under the Food Sanitation Act (excluding a place where business prescribed by the Food Sanitation Act is conducted to provide entertainment services for employees engaged in entertainment) for profit.

Nevertheless, from October 21, 2016 to October 22, 2016, at around 05:00 to October 22, 2016, the Defendant: (a) had a male entertainment restaurant E (23 tax) attend the drinking place of F, a customer, with a view to profit-making in the 1studio operated by Dran tavern (23) under the ground of the building in Jongno-gu Seoul, Jongno-gu, Seoul; and (b) had a male entertainment restaurant E (23 tax) attend the drinking place of F, and let the customer drink drinking alcohol, singing music, and stimulate entertainment.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the examination of each police officer in relation to G or C;

1. A copy of each police statement made to H and I (a copy);

1. The police statement protocol (2 times) (2 copies) in relation to E;

1. A copy of the written statement;

1. Application of business license (a copy) and Acts and subordinate statutes on credit card sales slips;

1. Article 98 of the relevant Act on criminal facts and subparagraph 1 of Article 98 of the Food Sanitation Act, and Article 44 (3) of the same Act on the selective punishment (Selection of a 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.