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(영문) 서울동부지방법원 2014.07.04 2013고정2787
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

When a food service business establishment intends to conduct a business that has a dance hall for customers to enjoy dancing, it shall obtain permission from the competent administrative agency.

Nevertheless, from Jun. 2013 to Sept. 30, 2013, the Defendant installed entertainment facilities, such as table 40, DJ gambling facilities, sound facilities, and special lighting lighting in the 76th indoor area of 76 square meters, without the permission of the competent authorities, at the business site of “E” located under the D, which was reported as food service business (general restaurant) from Jun. 2013 to Sept. 30, 2013, and operated entertainment tavern business by allowing customers to dance in music while selling alcohol and drinking to customers.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. Report on occurrence (Violation of the Food Sanitation Act);

1. Application of Acts and subordinate statutes concerning business reports, business photographs, and Internet search data;

1. Article 94 Subparag. 3 and Article 37(1) of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013); the choice of fines for criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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