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(영문) 대전지방법원 천안지원 2014.11.27 2014고정751
식품위생법위반
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates a general restaurant in the name of “F” on the 1st floor of Seo-gu, Seoan-gu, Seoan-gu, Incheon, and Defendant B is a manager and operator of the above restaurant as the manager of the restaurant.

1. Although a person who intends to run Defendant B’s entertainment drinking house business has obtained permission from the competent authority, the Defendant, while running the said “F” from around December 18, 2013 to April 7, 2014, provided that the Defendant, while setting up a space where the size of approximately 80 square meters is set up in a size of about 50 square meters, dJ gamblings, sound facilities, lighting facilities, etc., and provided customers with a dance, without obtaining permission, such as having customers enjoy dance while drinking in music.

2. Defendant A, who is an employee of the Defendant, committed a violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Protocol of each police statement concerning G;

1. H’s self-statement;

1. Application of Acts and subordinate statutes concerning field photographs, business report certificates, copies, interior photographs of business places, and F photographics;

1. Defendant B of the pertinent law on criminal facts: Articles 94(1)3 and 37(1) of the Food Sanitation Act; Defendant A who selects a fine: Articles 100, 94(1)3 and 37(1) of the Food Sanitation Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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