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(영문) 의정부지방법원 2017.04.28 2017고단763

식품위생법위반

Text

Defendant shall be punished by a fine of one 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 actually operates a general restaurant in the name of “C” in the Guri-si B.

1. No general restaurant business operator who violates the rules of business operators shall install any business facility other than reported business, nor have sound and reflect facilities and allow customers to sing;

Nevertheless, around October 27, 2016, the Defendant, at around 00:45, failed to comply with the code of practice of food entertainment operators by allowing D, etc., who are customers, to engage in singing in anti-states with images, one half-way period of video, bees, and other microphones, etc. in the operation of the Defendant around 00:45.

2. No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or request other persons to provide such services at a place that provides food entertainment services for profit;

Nevertheless, around October 27, 2016, the Defendant sold 300,000 won to the customer D, and provided entertainment services by drinking alcohol together with the aforementioned D, in light of the aforementioned “C’s operation,” around 00:45, the Defendant provided entertainment services.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A copy of a real estate lease agreement;

1. Application of Acts and subordinate statutes concerning field photographs and drinking value receipts;

1. Article 97 subparag. 6 of the pertinent Act on criminal facts, Articles 44 subparag. 1 of the Food Sanitation Act (in violation of the code of practice), and Article 98 subparag. 1 of the Food Sanitation Act “Article 98 subparag. 1 of the Food Sanitation Act” appears to be a clerical error.

Article 44(3)(a) and selection of fines for negligence

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;