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(영문) 서울중앙지방법원 2018.04.12 2017고정3251
식품위생법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million and by a fine of KRW 1.2 million, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a general restaurant under the trade name “E” in Dongjak-gu Seoul Metropolitan Government D.

No person shall, for the purpose of profit-making, arrange for entertainment of customers by drinking alcoholic beverages with customers, singing or dancing at a place in which food entertainment business is conducted.

Nevertheless, on May 10, 2017, the Defendant arranged entertainment activities by having B and F drink drink with two visitors, G et al. at the above “E” business on May 10, 2017.

2. No person who provides food entertainment services shall drink alcoholic beverages with customers, singing or dance in a place where he/she provides food entertainment services for profit;

Nevertheless, Defendant B performed entertainment in F and above dates and places with two visitors, G, etc. for profit-making purposes, and provided entertainment services.

Summary of Evidence

[Case 1]

1. The defendant A's partial statement

1. A protocol concerning the examination of suspect against the defendant B;

1. A protocol concerning the interrogation of suspect with respect to F;

1. G statements;

1. Each report on investigation;

1. Scenic photographs;

1. Investigation report (a report on the confirmation of the criminal records of the suspect A and B) (a report on the criminal records of the crime committed by the defendant A and his defense counsel did not directly arrange entertainment activities by the defendant A, nor did he entrust the operation of the defendant B and F to the defendant B and F, and did not know that the defendant B and F did not engage in entertainment activities by the defendant B and F;

Therefore, according to each evidence duly adopted and examined by this court, it can be sufficiently recognized that Defendant A assisted the act of entertainment by having Defendant B and F drink with two customers G et al., and encourage them to provide entertainment in accordance with the facts that Defendant A had not been at the scene of the instant crime, even though they were not at the scene of the instant crime.

[Case 2]

1. Defendant ..

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