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(영문) 대전지방법원 2019.11.28 2019고정853
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 2018 to October 2, 2018, the Defendant is a person who operates the business title of “C” on the Seo-gu Daejeon, Seo-gu, Daejeon, and the fifth floor from August 2, 2018.

Defendant’s studio 9 without obtaining permission from the competent authorities.

The entertainment bars business, which provide anti-strings, scackers, and kitchen facilities, prepared and sold to many unspecified customers alcoholic beverages such as sheep and beer, etc., and had female employees pay remuneration on a part-time basis, while making them drink with male customers, or encourage them to provide entertainment by singing or dancing, with an average of KRW 150,000 per day.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to field photographs and investigative reports (a certificate for reporting production of sound records and music video products);

1. Relevant laws concerning criminal facts, the choice of punishment, and Articles 94 (1) 3 and 37 (1) of the Food Sanitation Act, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, without permission, engaged in entertainment tavern business for the reason of sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order.

The scale of business is reasonable.

However, the period of crime is not long.

There is no criminal record for the defendant.

The sentence as ordered shall be determined by taking into account all the sentencing conditions shown in pleadings, such as the defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, including equity with the case of the same or similar case.

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