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(영문) 서울서부지방법원 2015.08.21 2015고정13

식품위생법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who provides entertainment services to customers by drinking alcoholic beverages with customers, singing or dancing, or arrange such activities to provide entertainment services to other persons, with the intention of making profits;

At around 02:00 on May 3, 2014, the Defendant: (a) sought the above main points in the “E” 'E’’’’’ of Defendant’s operation of the Mapo-gu Seoul Mapo-gu Seoul underground 1st class; (b) had an employee B drink drink and drink entertainment; and (c) assisted entertainment.

2. No person who defendant B shall drink entertainment with customers, singing or dancing, for the purpose of making profits, by drinking with customers;

The Defendant, at the time and at the place of the preceding paragraph, engaged in entertainment by drinking the male hand and drinking on the name of the above E, who found the above E dan, and encourage entertainment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. G statements;

1. Voluntary report on performance (the following circumstances recognized by each evidence at the time of the market, namely, G, and F, whether the Defendant A was in need of A, who entered an investigative agency and a entertainment bar as indicated in this court, and the Defendant A was in contact with the customer at the different rooms of the main points indicated in the judgment of the Defendant B, and the statement to the effect that he was deemed to have been under the influence of alcohol at the time, and other circumstances such as regulatory details and circumstances, etc., the application of the relevant statutes is recognized.)

1. Article 98 Subparag. 1 and Article 44(3) of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014); the Defendants’ choice of a fine for negligence, and the choice of a fine for negligence.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act