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(영문) 창원지방법원 진주지원 2013.11.27 2013고정570
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

Defendant

A is a business proprietor operating a general restaurant in the name of "D" in the name of "D," in Jinju-si. Although there was no permission from the Jinju-si mayor for entertainment drinking business, at around 21:53 on April 13, 2013, a large number of lighting and sound equipment, such as tables, D Jin Museum, lighting facilities, sn beam beaming facilities, and sn beam beaming projects, are installed in the above business site of 160 square meters on April 13, 2013. Using the relative sound apparatus of visitors, a entertainment drinking club operated without permission for entertainment drinking to encourage customers to dance by providing conditions for customers to enjoy dancing in light of their lighting.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. Trial seal of the defendant;

1. A business notification certificate;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (with regard to situations of control);

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 94 subparagraph 3 and 37 (1) of the Food Sanitation Act which choose a penalty;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although some customers dance at the main point of the instant case, the summary of the assertion did not encourage the establishment of a space where the Defendant can dance, and thus, it cannot be deemed that entertainment bar business was conducted as shown in the facts charged.

2. According to Article 36(1)3 of the Food Sanitation Act, Article 21 subparag. 8, and Article 22 of the Enforcement Decree of the same Act, the term “entertainment bar business” means a business that employs workers engaged in entertainment or establishes entertainment facilities (referring to dance halls pursuant to Article 22 of the Enforcement Decree of the above Act). ② The business in which customers are allowed to sing or dance, and the above paragraphs (1) and (2) are accompanied by each type of business and falls under any one of them.

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