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(영문) 의정부지방법원 고양지원 2015.01.15 2014고단1478
식품위생법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The ordinary restaurant business operator of the facts charged shall not commit an act with sound and reflect facilities to allow customers to sing;

On April 9, 2014, around 23:10, the Defendant violated the code of practice of food service business operators, such as having “D” general restaurants, automatic reflectrs, microphones, etc., which are operated by the Defendant on the first floor of Goyang-dong, Yongsan-gu, U.S. C, and having two customers under his/her name read and dance in line with the orders of the aforementioned devices.

2. The Food Sanitation Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the same Act prohibit general restaurant business operators from allowing customers to sing with sound and reflect facilities.

On the other hand, the report on detection of the case against the violation of the Food Sanitation Act stated that the " handon E and F had their dancing in the Dong room" and "one male handon and one female hand on the stage at the time of their release," and the witness H stated that " handon, a man, a man, and a man, a man, a man, was playing music and singing in a singing" in this court, and the witness H did not confirm that the handon was not sing, and there was a man and woman, a man, a man, a man,. There was no fact that they were singing from the defendant at the time of regulation." There was no evidence that the defendant had allowed him to sing, and there was no evidence to prove that there was no evidence to prove that the defendant allowed him to sing.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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