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(영문) 서울동부지방법원 2015.09.04 2015고정986
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A person who operates a singing practice room with the trade name of "Ding practice room" in Gangdong-gu Seoul Metropolitan Government.

Any person who intends to engage in entertainment bar business shall obtain permission from a competent authority, as prescribed by Presidential Decree.

Nevertheless, at around 23:00 on March 27, 2015, the Defendant sold six cans, six cans, one disease per two weeks to three male grandchildren who are not aware of their names, and allowed workers E (n, 41), F (n, 44 years old), G (n, 51 years old) to drink with customers or to provide entertainment to customers with dancing, thereby violating the rules of practice by allowing them to drink alcohol with customers, and engage in entertainment bar business without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol concerning F and G;

1. Some police interrogation protocol of E;

1. A copy of the control photograph of the place of business, or a copy of the Stockholm currency;

1. Application of a copy of business registration certificate;

1. Article 94 (1) 3, Article 37 (1) of the Food Sanitation Act (Unauthorized Permission, Selection of Fines) concerning criminal facts, Article 34 (2), and Article 22 (1) 3 and 4 of the Music Industry Promotion Act (the violation of the code of practice by each karaoke machine business operator, and the choice of fines);

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

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

1. The defendant and defense counsel's assertion on the assertion of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act concerning the provisional payment order is asserted to the purport that since the defendant and defense counsel did not know about the defendant's help but directly contact the defendant's patriotic E about the defendant's seat to the defendant's seat, it cannot be acknowledged that the defendant had a worker engaged in entertainment to encourage entertainment.

However, Article 21 subparagraph 8 (d) of the Enforcement Decree of the Food Sanitation Act is "the entertainment bar business."

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