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(영문) 대구지방법원 김천지원 2013.04.04 2013고정120
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a public entertainment bar with the trade name of Gumisisi B.

On October 13, 2012, the Defendant did not obtain an entertainment tavern business license from the competent authority, installed three rooms with a size of about 94.32 square meters in the above B Baran bar on October 22, 2012, and had workers C and D engaged in entertainment drinking business by having them see drinking together and sing in company with drinking together with E, a guest, and engage in entertainment drinking business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of C or D;

1. Application of Acts and subordinate statutes of E;

1. Article 94 of the Food Sanitation Act applicable to the relevant criminal facts, and Articles 94 subparagraph 3 and 37 (1) of the Act on the Selection of Penalties;

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

1. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is not guilty because the defendant strongly demanded customers, such as E, etc. to help them know, and the defendant threatened them with "whether or not they want to engage in a funeral" and caused them to commit the crime of this case without choice.

An act of coercion under Article 12 of the Criminal Act refers to an act of coercion made by force of another person, such as intimidation, etc. that may not be resistanceable violence, life, or body. In this context, an act of resistance-free violence means a case where a physical act cannot be absolutely performed in a psychological sense or where a pressure is strong in ethical sense. Intimidation means a intimidation in which one or a relative does not have any method to prevent any harm to the life or body of himself/herself or his/her relative, and coercion refers to a case where a person makes a certain act by preventing the forced person from making a decision on the free will of the forced person.

(see, e.g., Supreme Court Decision 2007Do3306, Jun. 29, 2007).

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