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(영문) 의정부지방법원 고양지원 2014.10.16 2014고정611
식품위생법위반
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who runs a general restaurant business on February 3, 2012 by reporting the trade name of "D, 304 square meters (134.80 square meters, approximately 42 square meters) of the Yongsan-gu, Yongsan-gu (134.80 square meters, and approximately 42 square meters)" to the head of Dong-gu,

On December 16, 2013, at around 23:30 on December 16, 2013, the Defendant set up a sound-comprehion cycle, such as a drama and others, to provide an unspecified number of customers with music to the same, and operated an unauthorized entertainment business with an average of 200,000 won per day.

2. The witness E’s statement and the police statement are written in this court, as evidence directly corresponding to the fact that the defendant, without permission, was allowed to sing by customers.

However, the above E visits to the above business place as a branch in the court, and the defendant made a statement to the police that "the defendant made a singing and an illegal business in return for money to customers" after the defendant's talked with him at the time. According to the evidence adopted and examined by the court, around December 16, 2013, the date and time of the crime specified in the facts charged, which was the date and time of the crime, the police received the above report, and sent the defendant to the defendant's business place, and there was no guest at the time when the police was called to the defendant's business place, and there was no man who is an employee, and there was no customer at the above business place. Thus, at the time, it is unclear whether the defendant was engaged in the entertainment type business or not.

Furthermore, considering the fact that the above E is a person of F, who has been able to boom in Defendant’s business, the above E is not a customer, and as such, the defendant’s defense that she was able to singing as a man, not a customer, was duly adopted and investigated by this court, the above E is a type of entertainment business in which the defendant sings to many unspecified customers at the time stated in the above facts charged.

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