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(영문) 전주지방법원 군산지원 2017.05.12 2017고정69
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From August 25, 2016, the Defendant is a person who runs a general restaurant business in the name of "C" in the name of "C" in Jeollabuk-si, Jeollabuk-do.

Any person who intends to operate an entertainment shop business as prescribed by the Presidential Decree shall obtain permission from the competent authorities for each type of business or each place of business under the conditions as prescribed by the Presidential Decree.

Nevertheless, from September 10, 2016 to October 28, 2000 of the same year, the Defendant, without permission, provided sound facilities, such as DJ stuffs, space view, and color radars, within the place of business, and provided entertainment drinking places without permission by allowing customers to enjoy entertainment using music and special lighting.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Scenic photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a detailed statement of processing a report 112);

1. Articles 94(1)3 and 37(1) of the Food Sanitation Act regarding criminal facts; selection of fines [the sound and lighting set up by the Defendant in his/her place of business have danced in a space outside his/her seat, and such type of business has been repeated for a long time.

Therefore, it is sufficient to find the Defendant guilty of the facts charged that the Defendant engaged in entertainment establishments without permission, separate from the fact that Article 44(1) of the Food Sanitation Act, and Article 57 of the Enforcement Rule of the Food Sanitation Act [Attachment 17] of the Enforcement Rule of the Food Sanitation Act violated the matters to be observed by food service providers.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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