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(영문) 서울남부지방법원 2013.11.14 2013고정2819

식품위생법위반

Text

Defendant shall be punished by a fine of 2.5 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 actually operates a dan with the trade name "C" in Gwanak-gu in Seoul Special Metropolitan City.

The food service businessman shall not have his entertainment workers perform entertainment activities by employing entertainment workers, or shall not encourage or implied the said activities of his employees.

Nevertheless, the Defendant, at around April 27, 2013, at the first room of “C” around April 23:15, 2013, caused the Defendant to engage in entertainment entertainment by having a man who is unable to know his/her name, drink and dance together with a male guest who is unable to know his/her name.

Accordingly, the Defendant violated the obligation of food service business operators.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Control note;

1. Application of Acts and subordinate statutes governing a business license;

1. Relevant Article of the Act on Criminal Facts and Articles 97 subparagraph 6 and 44 (1) of the Food Sanitation Act (Selection of Fine) concerning the selection of punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.