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(영문) 서울동부지방법원 2020.02.05 2019고단3698
식품위생법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 2019 to the present date, the Defendant is a person who actually runs the danran tavern with a trade name “C” on the first floor of Songpa-gu Seoul Metropolitan Government B.

1. No person who violates the Food Sanitation Act shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services at a place where food service business is operated for profit;

Nevertheless, around August 26, 2019, the Defendant assisted the Defendant to provide entertainment to customers by drinking alcoholic beverages together with other customers who have been placed in the place, singing, dancing, etc. at the place of business, which was introduced by the name-free customer who was asked by the Defendant to do so from the name-free customer who was placed in the place of business.

2. No person who violates the Juvenile Protection Act shall allow a juvenile to provide entertainment services to customers by drinking with such customers, singing, dancing, etc. for the purpose of making profits;

Nevertheless, around August 26, 2019, the Defendant introduced D(D, 18 years of age) as a juvenile from a person who has not been aware of his/her name who operates a sidewalk at the above place on August 26, 2019, and allowed the Defendant to drink with two male customers in the gold, or to provide entertainment to customers by singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Copy of the passport;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act that choose a punishment (the act of arranging entertainment at places of food entertainment business, the act of arranging entertainment at places of food entertainment business, the act of arranging entertainment), and Articles 56 and 30 subparagraph 2 of the Juvenile Protection Act (the act of arranging entertainment for juveniles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act:

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