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(영문) 서울남부지방법원 2014.05.12 2013고정3261
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall, for the purpose of profit-making, drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange such activities to other persons.

Nevertheless, around 01:45 on August 2, 2013, the Defendant appeared in the “E” general restaurant located in Yangcheon-gu Seoul Metropolitan Government D, along with F as an employee, in the customer G and drinking place, and provided entertainment or good offices by way of drinking together with the two owners and beer.

Summary of Evidence

1. Statement made by witnesses G in the third protocol of trial;

1. Partial statement of witness F in the third protocol of the trial;

1. The police statement concerning F;

1. A G statement (five pages of evidence records);

1. Application of Acts and subordinate statutes to enforcement note, receipt and request, on-site photographs, and copies of business report certificates;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act that choose a penalty;

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

1. The defendant's defense counsel's assertion regarding the defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order argues that the defendant and his employee F, at the time, were allowed to sit together with the defendant and his employee in order to be forced to be off from the horse at the repeated request of G with several times of the instant restaurant due to the process of ice removal, and the defendant and F did not engage in entertainment for profit.

On the other hand, there are no circumstances to suspect the credibility of the testimony of witness G in this court and the testimony of F to the investigation agency, and the following circumstances acknowledged by each evidence in the judgment, namely, ① A appears in this court as a witness and first went to the restaurant of this case up to 4-5 on the day of this case upon the request for the repair of ice ice crying. At every time, female employees agreed to perform ice crying and drinking, and they did not make crying crying crys according to crying.

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