식품위생법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor (misunderstanding of the facts), although the defendant could sufficiently recognize the fact that he/she provided entertainment to customers and provided entertainment services, the court below found the defendant not guilty of the facts charged in the instant case.
2. Determination
A. The Defendant in the instant facts charged is a person who operates a danran in the trade name of “D dan” in Busan Northern-gu C.
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, at around 03:00 on April 14, 2016, the Defendant arranged 40 female entertainment loans with the name of 40 women, namely, drinking drinking together to E and one other, and singing singing, and raising amusement.
B. The lower court’s determination: (a) even though possible and sufficiently efforts to attend the court were made, it was inevitable to make the attendance of E in the court.
As it cannot be seen, the E’s statement and the police’s statement protocol against E are inadmissible, and ② the defendant is a person prepared in the police investigation process, and the written statement cannot be used as evidence by the defendant, denying its content, ③ the remainder of the evidence submitted by the prosecutor except the above evidence is insufficient to recognize the facts charged in this case, and the defendant was acquitted of the facts charged in this case on the grounds that there is no other evidence to acknowledge it.
(c)
In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize the fact that the defendant arranges the entertainment in dan E, etc. operated by himself as stated in the facts charged in this case.