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(영문) 서울중앙지방법원 2016.04.14 2015고단664

식품위생법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant under the trade name of "E".

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, between February 12, 2014 and October 11, 2014, the Defendant provided entertainment entertainment services or arranged other persons to provide entertainment services at a place where food entertainment is conducted for profit-making purposes seven times as shown in the attached Table 1 attached hereto, from around 04:11 to around 07:21, in the “E” of the Defendant’s operation in Gwanak-gu, Seoul Special Metropolitan City, for drinking alcoholic beverages on the side of G, who is a customer, and let female employees in a name-free women drink alcoholic beverages together with drinking alcoholic beverages.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Entry of part of the witness H in the second public trial record;

1. Partial statements of witnesses I, J, K and L in the third public trial protocol;

1. Partial statements of the witness M or N in the five-time trial records;

1. Entry of part of the witness'sO in the seven-time public trial records;

1. Partial statement of the witness P in the nine-time trial records;

1. Entry of the witness G in part of the 12-time trial record;

1. Seizure records;

1. Business establishments for internal investigation reports (E);

Confirmation and Attachment of Details of Transactions of Card Terminals and Application of Acts and subordinate statutes

1. Subparagraph 1 of Article 98 of the Food Sanitation Act and Article 44 (3) of the same Act concerning facts constituting an offense, and the selection of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (including the following favorable circumstances): The defendant has been punished several times by a fine for the same kind of crime.

It seems that it had been engaged in entertainment mainly without permission for a relatively long time.

The favorable circumstances: the defendant has only the main business.