beta
(영문) 울산지방법원 2019.11.28 2019고단2641

식품위생법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who runs a dan with the trade name “C” in Ulsan Nam-gu B.

A person who intends to engage in entertainment bar business shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Nevertheless, the Defendant, without obtaining permission from the competent authority from March 29, 2019 to July 15, 2019, provided the above “C” with a space for Jbes, sound equipment, special lighting equipment, tables, and dancing, and provided 5,00 won entrance fees (free of charge for female), 88,000 won for male customers, and 1st of liquor, such as dJ provided jus, with special lighting, such as music of shackers, suitable for them, and rashers, and provided them with 66,00 won for 5,00 won for male customers (free of charge), 8,000 won for table table, and 132,000 won for dJ to provide amusement. In order to encourage amusement, the Defendant provided them with an unspecified number of customers with an entertainment bar by providing them.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, E, and F;

1. Field control photographs;

1. Application of Acts and subordinate statutes on the management register of detection reports (violation of the Food Sanitation Act) and food service business permission;

1. Article 94 (1) 3 of the Food Sanitation Act and Article 37 (1) of the same Act concerning facts constituting an offense / [Selection of Fines]

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are primary offenders with no criminal records, and they are divided after the crime, and the permission for the business of entertainment taverns is granted, and rather than the intended intention of this case, it appears that the relevant laws and subordinate statutes have occurred due to the location and period of the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., comprehensively taking account of the size and period of the pertinent unauthorized entertainment bar business, and the conditions of sentencing as indicated in the records,