Cases
2012fixed3543 Violation of the Food Sanitation Act
Defendant
A
Prosecutor
Kim Jong-soo (prosecutions) and Lee Jong-soo (Trial)
Imposition of Judgment
December 12, 2012
Text
Defendant shall be punished by a fine of KRW 4,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.
The provisional payment of the amount equivalent to the above fine shall be ordered.
Reasons
Criminal History Office
The defendant is operating a general restaurant in the name of "C with the fourth floor located in Daegu Jung-gu."
1. A person who intends to engage in entertainment bar business shall obtain permission from the Commissioner of the Korea Food and Drug Safety Agency, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu;
Nevertheless, from around December 20, 201 to July 23:00, 201, the Defendant provided a special lighting facility, such as DJS, and provided a space for dancing between DJS fronts and the table, and operated an entertainment drinking house business without permission by allowing customers who have access to entertainment to enjoy entertainment by using music and special lighting.
2. Any person who intends to operate general restaurants shall be equipped with facilities meeting the facility standards prescribed by Ordinance of the Ministry of Health and Welfare;
Nevertheless, the defendant was engaged in business in violation of facility standards by installing special lighting facilities, such as a rash and sound facilities, at the above date, at the place, and at the size of 386.34m.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Each statement of E, F, G, and H;
1. Control photographs;
1. Certificates and photographs of business reports;
1. On-site photographs;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 94 subparag. 3, Article 37(1), Article 97 subparag. 4, and Article 36(1)3 of the Food Sanitation Act (Determination of each fine)
1. Aggravation of concurrent crimes;
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
Judges
Judge Jeon Soo-soo