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(영문) 서울북부지방법원 2016.06.24 2015고정2421
식품위생법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. Business operators and their employees prescribed by Presidential Decree, including Defendant A food service providers, shall observe matters prescribed by Ordinance of the Prime Minister for the sanitary control and maintenance of order in business and the promotion of national health and sanitation;

The defendant shall not have a person who operates the "F", which is a food entertainment business establishment in Gangnam-gu Seoul Metropolitan Government, employ entertainment entertainment service providers in accordance with the Enforcement Rule of the Food Sanitation Act, nor encourage or impliedly encourage the act of entertainment service providers or employees.

Nevertheless, on July 2, 2015, the Defendant, at the above-mentioned businesses around 23:20 on July 2, 2015, allowed employees B to sit in with G(33) with visitors, etc. as described in paragraph 2, and allowed them to provide entertainment services.

2. No person who intends to provide entertainment services shall drink alcoholic beverages with customers, singing or dance in any place where food entertainment business is conducted, excluding the place of business of entertainment stores, for the purpose of profit-making;

Nevertheless, at the time and place mentioned in paragraph 1, the Defendant made a entertainment with customers G, etc. for profit by drinking alcohol and raising entertainment.

Summary of Evidence

1. Each legal statement by the Defendants (as at the fourth public trial date);

1. Each legal statement of witness G and H in part;

1. Statement of the police statement related to G;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of video data submitted by a witness G);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 97 subparag. 6 of the Food Sanitation Act and Article 44 subparag. 1 (Selection of a punishment) of the same Act;

B. Defendant B: Article 98 subparag. 1 and Article 44 subparag. 3 (Selection of Penalty) of the Food Sanitation Act

1. The type to be suspended;

(a) Defendant A: Fines of 500,000 won;

B. Defendant B: Fines of 300,000 won

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (in depth, the Defendants repented their mistakes and commit such crimes in the future.

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