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(영문) 부산지방법원 2014.04.03 2014고단66
식품위생법위반
Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "E" on the first floor of the building located in the Busan-gu Busan-si.

A person who intends to run an entertainment drinking house business in which customers are permitted to sing or dance while cooking and selling mainly alcoholic beverages and a dance hall which is a dance hall for customers; and a person who intends to run an entertainment drinking house business in which customers are permitted to sing or dance shall obtain permission from the competent administrative agency.

Nevertheless, without obtaining permission from the competent authority from May 20, 2012 to July 23:00, 2013, the Defendant: (a) had customers find places in the form of golf clubs, such as providing DJ dancing with approximately 644 square meters, which are 40 strings, sound and reflective facilities, and 10 strings, sound equipment and large strings, rash beam beams, rash beams, rash beams, lighting, and strings, which are special lighting facilities, install approximately eight strings on the passage between tabless; and (b) had DJ from time to time provide dancing in a manner of raising entertainment; and (c) had them enjoy their selling of KRW 7 million through August 8, 200 each month by having DJ danced with music above.

Accordingly, the Defendant operated an entertainment drinking house business without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 94 of the Food Sanitation Act applicable to the facts of crime and Articles 94 subparagraph 3 and 37 (1) of the Act on the Selection of Punishment;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The business form of the alleged business establishment of this case is not a general restaurant business, but a general restaurant business, and even if not, the defendant did not have the awareness of illegality.

2. Determination

A. According to the evidence duly examined and adopted as seen earlier, the instant establishments will have employees work in the JJ.

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