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(영문) 광주지방법원 2018.10.31 2018고단2207
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is operating a general restaurant in the name of “C” on the first floor located in the Seo-gu in Gwangju metropolitan building.

No general restaurant operator shall be equipped with sound and rebuttal facilities and allow customers to sing.

Nevertheless, on April 14, 2018, the Defendant installed a video device for the caption and an automatic singing room at the above place on April 14, 2018, and made the name-free customers singing.

Accordingly, the defendant violated the obligation of general restaurant operators for the sound business order.

2. According to the evidence of the board, D’s club, at the date, time, place, and place indicated in the facts charged, is recognized as the fact that it lent and installed singing machines at other places and used them.

In addition, according to the investigation report, the same-minded carpet E permitted the use of the musical instruments by the operators of the same club, but the Defendant did not permit the use of the musical instruments, and the customer did not have any permission.

According to the report on detection, the defendant has continuously prevented the installation of singing machines, but the same society has been investigated to install singing machines and singing.

The submitted evidence alone permits the use of a singing machine by the defendant.

It is insufficient to conclude it.

Article 44 (1) 8 of the Food Sanitation Act, Article 57 of the Food Sanitation Act, and attached Table 17 provide that a general restaurant operator shall not be equipped with sound and rebuttal facilities and allow customers to sing.

In light of the subject of the act, the requirement of the act does not fall under the case where the customer installs and uses the intangible sound and reflective facilities despite the restraint of the general food service provider.

The evidence submitted alone is that the defendant leases or installs a singing machine and uses it.

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