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(영문) 수원지방법원 2015.10.08 2015고정978
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has reported general restaurant business to a competent authority on December 18, 2012.

Although anyone intends to run an entertainment drinking house business, he/she conducted an entertainment drinking house business without permission from the competent authority from December 14, 2014 to January 3, 2015, the Defendant, without permission from the competent authority, installed the table table, a watch table, and a rash, etc. on the 1st floor of the Suwon-gu Seoul Building, Suwon-gu, Suwon-si, and provided an entertainment drinking house business without permission, by providing many unspecified customers with a place for dancing on the table table and the watch table, while selling alcoholic beverages by having them enter and sell alcoholic beverages.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each place of criminal;

1. Each investigation report (investigative Record No. 2-1, No. 8, 2-2, 8);

1. Investigation report (verification of the suspect's cases of the same kind, facts of confirmation of business crimes);

1. Report on occurrence (Violation of the Food Sanitation Act);

1. Application of statutes on site photographs;

1. Article 97 (1) 3 and Article 37 (1) of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is that the business place in which the defendant's operation was decided (hereinafter "the business place of this case") does not provide a space for customers to dance, and there is no fact that the business place induces customers to dance.

However, customers who drink alcoholic beverages are interested in dancing in line with music that occurs in the table seat, but at that time, the defendant and employees were able to refrain from dancing by their self-regulation.

As such, the instant business is not a place where customers are engaged in dancing.

2. Determination.

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