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(영문) 인천지방법원 2016.02.04 2015고정3467
식품위생법위반등
Text

A fine of KRW 4,00,00 for the crime No. 1 in its holding, and a fine of KRW 2,00,000 for the crime No. 2 in its holding.

Reasons

Punishment of the crime

On August 18, 2011, the Defendant was sentenced to the suspension of the execution on August 26, 201 by imprisonment with prison labor for a violation of the Juvenile Protection Act at the Incheon District Court on August 18, 201, and the said judgment became final and conclusive.

1. The Defendant in violation of the Food Sanitation Act is a person who operates the C'C's entertainment center in the Nam-gu Incheon Metropolitan City’s underground.

A person who intends to provide entertainment drinking services shall obtain permission for the branch office of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining the aforementioned permission from October 1, 201 to October 20, 201, had five rooms for a size of 125.85 square meters in the Southern-gu Incheon Metropolitan City’s underground from around October 1, 201 to around October 20, 201, and operated an entertainment intermediary business for many unspecified customers.

2. Where the owner of a business place harmful to juveniles in violation of the Juvenile Protection Act intends to employ an employee, he/she shall confirm his/her age and shall not employ a juvenile;

Although the Defendant is a person who operates a entertainment shop, which is a juvenile harmful business establishment, around 03:00 on May 15, 201, the Defendant employed the entertainment center by singing or dancing D (n, 18 years of age) as a juvenile, which is located in Nam-gu Incheon Metropolitan City, and by attracting the entertainment center of E, which is a customer.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. Copy of each police suspect interrogation protocol regarding E;

1. Copy of the control report on the public morals place;

1. A copy of the business;

1. Previous convictions in judgment: Application of investigation report (a confirmation during the period of suspension of execution A against a suspect and attachment of a copy of the judgment);

1. Article 94(1)3, Article 37(1) of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013); Article 50 Subparag. 2, and Article 24(1) of the former Juvenile Protection Act (amended by Act No. 11048, Sept. 15, 201) (amended by Act No. 11048, Sept. 15, 201);

1. Concurrent Crimes.

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