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Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant is a person who operates a general restaurant in Mapo-gu Seoul Metropolitan Government with the trade name of “D”.
From May 12, 2012 to June 16, 2012, the Defendant established lighting and sound facilities at the above “D” general restaurant without obtaining permission from the competent Gu office, and operated entertainment bar business by having an unspecified customer who found the above business place enjoy dancing while selling alcoholic beverages.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Some statements made in the police interrogation protocol regarding F;
1. Application of the provisions of six Acts and subordinate statutes to a copy of the judgment, a criminal investigation report (verification of Internet Blouses), and a NAV personal photograph of six closures;
1. Article 94 of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and Articles 94 subparagraph 3 and 37 (1) of the same Act, the selection of fines;
1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Code of the Detention in the House of Labor. The defendant employed a person engaged in entertainment at the pertinent establishment or did not install a entertainment facility. However, some customers neglected to dance to the degree that they string the shoulder by drinking at the passage between the table. Thus, the defendant's business does not constitute entertainment bar business.
Article 36(2) of the Food Sanitation Act, Article 36(2) of the same Act, and Article 21 subparag. 8 of the Enforcement Decree of the same Act provide that food service business is divided into rest restaurant business, general restaurant business, entertainment bar business, meal service business, and restaurant business. An ordinary restaurant business is a business of cooking and selling food and drinking together with meals, and an entertainment bar business is a business of cooking and selling mainly alcoholic beverages, and an entertainment bar is a business of cooking and selling alcoholic beverages, which is allowed to employ entertainment workers or install entertainment facilities, and customers are allowed to sing or dance.