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(영문) 부산지방법원 2013.11.28 2013고단6235
식품위생법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates the D points located in Busan Northern-gu C, and a person who intends to conduct entertainment bar business for profit shall obtain permission from the competent authorities.

Nevertheless, on June 24, 2013, the Defendant sold alcoholic beverages equivalent to 100,000 won, such as beer, beer, and beer, to two male customers on his name at the above D shop on June 24, 2013 without obtaining permission to engage in entertainment drinking business from the competent administrative agency, and had two female employees E, etc., who are entertainment workers, provide entertainment services.

Accordingly, the defendant was engaged in entertainment tavern business without obtaining permission from the competent authorities.

2. No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange such activities to other persons at a place where food service business is operated for profit;

Nevertheless, at around 21:30 on June 24, 2013, the Defendant assisted two male guests E, etc. to provide entertainment services by singing and dancing.

Summary of Evidence

1. Defendants’ legal statement

1. Examination protocol of suspect E by the prosecution;

1. Application of Acts and subordinate statutes to the copy of real estate lease contract or of rent receipt;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 94 Subparag. 3, Article 37(1), and Article 36(1) of the Food Sanitation Act;

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

(c) Selection of punishment: Selection of each penalty;

1. Defendants subject to suspended execution: Article 62(1) of each Criminal Act (with regard to the fact that there is no previous criminal record, reflectivity, family environment, etc., Defendant B does not have the same criminal record within 10 years, reflectivity, family environment, etc.);

1. Defendants of the community service order: It is so decided as per Disposition on the grounds of the above Article 62-2 of the Criminal Code.

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