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(영문) 서울중앙지방법원 2013.11.08 2013고정4305

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to run an entertainment business shall obtain permission from a Special Self-Governing Province Governor or the head of a Si/Gun/Gu

Nevertheless, the Defendant did not obtain permission, and from May 21, 2013 to May 26, 2013, the Defendant installed 11 guest rooms at the 'C' operated by the Defendant on the first floor of Gangnam-gu Seoul, Seoul, and operated an unauthorized entertainment business by installing large monitors, automatic counter-speaking devices, caps, microphones, etc. inside the guest rooms and selling alcoholic beverages to customers.

Summary of Evidence

1. Some statements of each police suspect interrogation protocol against the accused;

1. To describe the business report certificate;

1. Statement in a voluntary report;

1. Entry in and video of a criminal investigation report (Attachment to on-site photographs of business places at the time of regulation);

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 94 Subparag. 3 of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013) and Article 37(1) of the same Act (amended by Act No. 11986, Jul. 30, 2013);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s conviction under Article 334(1) of the Criminal Procedure Act does not mean that he prepared food with a separate kitchen facility in the instant restaurant at an investigative agency, but merely sold food and alcoholic beverages (see, e.g., Supreme Court Decision 201Do6161, Jan. 11, 2002). However, even if the Defendant’s assertion is contrary to the Defendant’s assertion, the act of selling alcoholic beverages without obtaining permission for a entertainment bar constitutes an act of running a entertainment bar without permission (see, e.g., Supreme Court Decision 2001Do6161, Jan. 11, 2002).