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(영문) 서울북부지방법원 2014.11.12 2014고단3197
식품위생법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 2012 to July 15:30, 2014, the Defendant violated the Food Sanitation Act: (a) operated an entertainment drinking house under the trade name “E shop” in Seongbuk-gu Seoul Metropolitan Government D from around September 30, 2012; and (b) sold alcoholic beverages, etc. by having female employees employ F, etc. and have them contact with customers.

Accordingly, the defendant carried on entertainment bar business without permission from the competent authorities.

2. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) has one drinking room in the same time, at the same place, and at the same time, four facilities, and employed F, etc. as a woman of commercial sex acts on the condition that half of 70,000 won or more of the price for commercial sex acts paid to the male customer per man, and let the said F perform sexual acts at the above business place on June 30, 2014, and then let the said F perform commercial sex acts at the above business place on the condition that half of 80,000 won or more of the price for commercial sex acts are paid to him/her, and during the above period, he/she has the male customer who found his/her place in the above business place to perform commercial sex acts

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Application of the F and G Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc. concerning facts constituting an offense, Articles 94 (1) 3 and 37 (1) of the Food Sanitation Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that the defendant has a criminal record of a fine of the same kind three times for the reason of sentencing, while the defendant is not healthy and reflects the defendant's age, character and conduct, family relation, motive, means, and result of the crime.

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