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(영문) 서울남부지방법원 2019.11.28 2019고정1189
식품위생법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant business in the name of "C" by the head of the Gu of Seoul, Guro-gu, Seoul, with three or more round tables and kitchen facilities inside about 45 square meters of B underground floor of Guro-gu Seoul.

No person shall provide entertainment to, or arrange for, customers by drinking alcoholic beverages with customers, singing or dancing at a business establishment providing food services for profit-making purposes.

Nevertheless, at around 00:30 on April 9, 2019, the Defendant sold D (28 years of age) and 2 male grandchildren, who had been a guest, to the two male grandchildren, including D (28 years of age), 150,000 won of grencts, 15,000,000, and assisted E (29 years of age) as an employee, to have a guest attend the seat of the guest and drink with alcohol and to have a conversation.

Summary of Evidence

1. Partial statement of the defendant;

1. Some entries of the police interrogation protocol regarding E;

1. Each statement of E and D;

1. The defendant argued that the detection report (or acting as a broker), a copy of the sales slip, and a copy of the sales slip [the defendant] to the effect that the female employee was not a business establishment with which the female employee can drink with the guest, but a business establishment with a structure that can combine the female employee with the drinking and simple dialogue with the guest, and that the female employee did not operate in the form of the entertainment entertainment business, and did not arrange the guest activity. However, according to each of the above evidence duly adopted and investigated by the court, the female employee E, who the defendant employed, was present in the front seat of the guest in the instant business establishment, and provided a conversation with the customer by making the guest drink with the drinking, and the defendant can be acknowledged as having arranged the customer to do such act. Thus, the defendant's above assertion is not accepted.] The defendant's argument is not accepted.

1. Article 98 of the Food Sanitation Act applicable to the relevant criminal facts and Article 98 of the option of punishment;

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