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(영문) 서울서부지방법원 2018.04.12 2018고단242
식품위생법위반
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 500,000,00, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a danran bar with a trade name "F" on the second floor of Yongsan-gu Seoul Metropolitan Government E.

No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide entertainment services at any place that provides food entertainment services, other than entertainment business establishments for profit.

Nevertheless, on April 20, 2017, the Defendant demanded 4 customers including G in the above danran bar around 01:39 to serve as players, and the Defendant assisted B and C to drink with the above customers or to provide entertainment by singing or dancing.

2. Defendant B and Defendant C engaged in entertainment with four customers, including G, at the time and place described in the foregoing paragraph 1, and with their four customers, including G, or singing or dancing.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

1. Investigation report (G hearing statements);

1. Business license;

1. Application of statutes on business registration certificates;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Provided, That in the latter part of Article 98 of the Food Sanitation Act, Article 44(3) (the point of arranging entertainment), the choice of a fine (the fact that there are two previous criminal records of a fine for the same kind, and the fact that the bars of this case are closed down, etc.), the punishment shall be determined in consideration of the following:

B. Defendant B and C: the former part of Article 98 subparag. 1 of the Food Sanitation Act, Article 44(3) of the Food Sanitation Act (a point of contact) and the selection of each fine

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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