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(영문) 서울남부지방법원 2018.09.13 2018고정732

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name “D” on Guro-gu Seoul Metropolitan Government C and the second floor.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such activities to provide entertainment to other persons at a place where food entertainment business is conducted for profit.

Nevertheless, around December 14, 2017, the Defendant arranged to provide entertainment to customers for profit by allowing them to sit in company with E (the 40 years of age), F (the 36 years of age), an employee, with G (the remaining and 47 years of age), who is an employee, in D’s above “D” (the 40 years of age), and allowing them to drink together with G (the 47 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of respective Acts and subordinate statutes of E and G;

1. Article 98 of the relevant Act and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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;