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(영문) 청주지방법원 2014.07.24 2014고정471
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

The defendant is a person who operates the so-called "D" in the name of "D," from the Heak-gu Seoul Metropolitan City C, six and seven floors in Cheongju-si.

The Defendant, without obtaining permission from May 23, 2013 to January 00:40, 2014, sold alcohol to an unspecified number of customers with 352.75 square meters in the instant “D” book with 40 tables, 160 chairs, and 160 square meters in place of business and sound facilities, and had customers sing down and dance in line with music.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes to site photographs and copies of business reports;

1. Article 94 (1) 3 of the Food Sanitation Act and Articles 37 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

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

1. Acts and subordinate statutes related to the grounds for conviction under Article 334 (1) of the Criminal Procedure Act (1) provides that Article 94 (1) 3 of the Food Sanitation Act shall provide that a person who violates Article 37 (1) shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won, or both penalties may be imposed. Article 37 (1) of the same Act provides that a person who intends to engage in a food service business prescribed by Presidential Decree among food service businesses shall obtain permission from the Minister of Food and Drug Safety or a Special Self-

(2) Article 21 of the Enforcement Decree of the Food Sanitation Act provides for the detailed types and scope of the food service business under subparagraph 8 (b) through (d) as follows:

(b) General restaurant business: Business of cooking and selling foods, where drinking accompanied with meals is allowed;

(c) K bar business: Business of cooking and selling mainly alcoholic beverages, where customers are allowed to sing;

(d) Entertainment bar business: mainly.

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