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(영문) 전주지방법원 군산지원 2018.04.13 2018고정9
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

1. No one shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange for such activities to other persons at a place where he/she provides food entertainment services for profit;

Nevertheless, on September 24, 2017, the Defendant, at around 23:30 on September 24, 2017, had two women with no name for profit-making purposes, engage in an act of drinking together with D and two other women with whom the Defendant was a customer at the place.

2. No one shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange for such activities to other persons at a place where food entertainment business is conducted for profit;

Nevertheless, at around 03:56 on August 4, 2017, the Defendant, at around 03:56, had two women with no name for profit-making purposes, engage in an act of drinking together with four customers, such as E, in which he/she has worked in the place, and assisted other persons to engage in entertainment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of businesses in violation of the Food Sanitation Act;

1. Application of each Act and subordinate statute to a criminal investigation report (the statement on an excursion ship of customer F), D, and written G preparation;

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 fines;

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;

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