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(영문) 서울동부지방법원 2018.05.17 2018고단404
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a danran with the trade name “C” on Seongdong-gu Seoul Metropolitan Government B and the second floor.

No person shall drink alcoholic beverages with customers, singing or dancing in any place where food entertainment business is conducted for profit, and arrange other persons to provide entertainment services which encourage customers to provide entertainment.

Nevertheless, at around 03:40 on January 23, 2018, the Defendant, upon the request of male customers, assisted D and E to drink with the above customers with drinking, singing, or dance, by soliciting them to provide entertainment to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of enforcement manual statutes;

1. Article 98 of the relevant Act and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act concerning facts constituting an offense, the choice of imprisonment or imprisonment;

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the sentence shall be determined as ordered in consideration of the following: (a) the defendant has four identical criminal records to the defendant for the reason of sentencing; (b) the defendant recognizes and reflects the crime of this case; and (c) the defendant's age, sex, environment, circumstances, means and consequence of the crime; and (d) the conditions of sentencing, such as

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