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(영문) 수원지방법원 성남지원 2018.11.01 2018고정106

식품위생법위반

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange for such activities to other persons at a place where food entertainment business is conducted (excluding a place where business prescribed by Presidential Decree is conducted to have entertainment workers) for profit.

1. On May 6, 2016, around 00:00, the Defendant arranged customers D who visited the place to engage in entertainment by drinking alcohol together, etc., according to the provisions of Sung-nam-si B and C in Sung-gu, Seongbuk-gu, Seoul, in which the Defendant served as manager, and arranged customers D who visited the place to engage in entertainment, such as drinking alcohol together.

2. On May 9, 2016, around 20:30 around 20:30, the Defendant: (a) assisted customers D, who visited the said places, to provide entertainment services, such as drinking alcohol, and soliciting them to provide entertainment services, by soliciting them.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of witness witness D and F;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of the Acts and subordinate statutes in which respective statements in E and G are written in the suspect examination protocol of each prosecution against D and E;

1. Article 98 subparagraph 1 of the Food Sanitation Act and Article 44 (3) of the same Act concerning criminal facts and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;