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(영문) 광주지방법원 2016.11.25 2016고단4216
식품위생법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who runs a dan business under the trade name of "C" in the Southern-gu B and the underground of Gwangju.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such acts to other persons at a place where a food service business is operated for profit.

Nevertheless, at around 00:10 on June 3, 2016, the Defendant arranged to provide entertainment to male customers D and E by having them drink and singing together with their customers by having them drink in a place where they want to drink.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on D, the police statement, and the protocol of statement (second installment), and the police statement on E;

1. Application of Acts and subordinate statutes to the business license certificate, field photo, 112 new-term case processing statement;

1. Article 98 of the Food Sanitation Act and Articles 98 and 44 (3) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act shall be determined as ordered by taking into account the following circumstances: (a) the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime.

Defendant is led to confession, and is against himself.

On the other hand, the defendant, in the course of investigation, made D, a customer, an entertainment receptionist, prepare a false note that the above female friendship was not an entertainment receptionist, by taking advantage of the agreement on other bodily injury cases in the course of investigation.

On December 2, 2008, the Defendant has a record of criminal punishment of a fine of two million won or more due to a crime of violating the Food Sanitation Act.

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