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(영문) 의정부지방법원 2018.05.30 2017고정2529
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant runs a general restaurant business with the trade name of “C” from May 31, 2016 to Southyang-si building B, and from the second floor of “C”.

(a) A person who intends to run a dan business without permission shall obtain permission from the competent authority;

Nevertheless, on June 21, 2017, the Defendant, without obtaining permission from the competent authorities, installed facilities, such as anti-sing cycles, lighting facilities, and strawers, which are facilities capable of singing in “C”, and sold alcoholic beverages to customers who find such facilities, and operated a singke business by allowing customers to sing their singing using anti-sing facilities.

(b) No person shall drink alcoholic beverages with customers, or provide entertainment services to customers by singing or dancing in a general restaurant for profit;

Nevertheless, around June 21, 2017, the Defendant, at around 20:16, engaged in entertainment by following the following methods: (a) seating on the side of a customer who found his/her place in C, drinking alcoholic beverages, and dividing talks.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the evidence submitted by the prosecutor alone proves that the Defendant engaged in an unauthorized dan business and entertainment entertainment without reasonable doubt.

It is insufficient to view it, and there is no other evidence to prove it.

A. C is a place where only two persons work with only two persons D as the Defendant and employees, and E and its behaviors were written to customers at the above time and place, and the Defendant was present at the request of E and provided the alcohol.

However, there is no evidence to acknowledge that the defendant was paid a separate monetary consideration from E by the above act.

Rather, 50,000 won claimed by the defendant to E includes only alcoholic beverages and the cost of alcoholic beverages.

(b) C shall monitor any number of singing.

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