식품위생법위반
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or mediate such acts to other persons, at a food service establishment which is not an entertainment drinking house for profit.
On December 18, 2018, the Defendant: (a) around 19:00, at the “C” entertainment bar located in Seogcheon-si, Seowon (Seoul); (b) provided D with two hours and KRW 50,000, and (c) assisted guests to provide entertainment for profit by drinking alcohol and singing together with his name-free customers; and (d) provided entertainment with E, F, and G with two hours and 50,000 won on March 14, 2019; and (b) assisted the Defendant to provide entertainment for profit by having them sit together with his name-free customers.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol of the police officer in relation to D, H, I, F, E, and G;
1. Application of Acts and subordinate statutes to field photographs, business permission photographs, business registration certificates, copies of the mobile phone call details and photographics;
1. Article 98 of the Food Sanitation Act and Articles 98 and 44 (3) of the same Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences: Imprisonment for one month to one year;
2. Scope of recommending types: Setting of unspecified sentencing criteria.
3. On December 18, 2018, the Defendant rendered a sentence of sentence: (a) was subject to investigation on the fact that he/she arranged entertainment in his/her ran tavern operated by him/her; and (b) was exposed to the same act on March 14, 2019 when he/she requested a summary order.
Defendant has been punished twice by a fine for the same crime in 2014 and 2015.
However, taking into account the fact that the defendant shows a reflective figure by recognizing the crime, the order is based upon a comprehensive consideration of the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. of this case and the various sentencing conditions as shown in the records and arguments.