(영문) 수원지방법원 2017.10.19 2017고정2333



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

If the defendant does not pay the above fine, KRW 100,000.


Punishment of the crime

1. Any person who violates the Food Sanitation Act is a business of cooking and selling mainly alcoholic beverages among food entertainment business, and in which customers are allowed to sing, he/she shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, the Defendant, without obtaining permission from the head of the competent Gu on May 4, 2017, run a singing business by having customers who installed a musical instruments and sold alcoholic beverages at the place of “C” located in Suwon-gu B or underground 1st floor of Suwon-gu, Suwon-si, and selling alcoholic beverages, and making them singing out using the said singing instruments.

2. No person who violates the Educational Environment Protection Act shall engage in danran tavern business in an educational environment protection zone for the protection of public health, sanitation, safety, learning, and educational environment of schools;

Nevertheless, around May 4, 2017, the Defendant, at the main point of “C” as described in paragraph (1) located in the educational environment protection zone located at D elementary schools with 142 meters away from D elementary schools, operated a dan bar business as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Application of statutes on site photographs;

1. Article 94 (1) 3, Article 37 (1) of the Food Sanitation Act (Unauthorized Permission Permission) on criminal facts, Article 16 (1) and Article 9 subparagraph 26 of the Educational Environment Protection Act (a place of danran tavern business within an educational environment protection zone);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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