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Defendant shall be punished by a fine of KRW 7,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Criminal facts
The Defendant is a person who operates a general restaurant in the name of “D” in Daegu Jung-gu.
The Defendant, without obtaining permission from the competent authority from May 201 to July 23:00, 201, installed special lighting equipment and sound equipment, such as DJS and CJS, cambine, clurine, and ravator’s lighting, and operated an entertainment drinking club business without permission by allowing customers to enjoy admission fees of KRW 5,00 to 10,00,000 or KRW 70,000 per day, and allowing them to enjoy dance in music, and allowing them to enjoy profits of KRW 70,000 per day.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, F, G, and H;
1. The defendant and his defense counsel asserted that the defendant's investigation report (as to attachment of field photographs) and defense counsel's assertion is not an ordinary restaurant business nor an entertainment drinking house business.
In light of the records, the establishment of the instant business can be acknowledged as having employed the DJ to encourage the interest of customers, and by installing sound equipment such as DJ s and special lighting equipment so that customers can naturally enjoy dancing, and in fact, customers could freely dance in the front space of DJ s and the passage on the table.
Thus, since the business of this case is mainly a place of business where customers enjoy dancing, it constitutes entertainment drinking business, this constitutes entertainment drinking business, and the above assertion by the defendant and the defense counsel is not accepted.
Application of Statutes
1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 94 subparagraph 3 and 37 (1) of the Food Sanitation Act which choose a penalty;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;