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(영문) 광주지방법원 순천지원 2016.09.26 2016고정126
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant operated a general restaurant in the name of "D" in the net city C.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such activities to provide entertainment to other persons at a place where food entertainment business is conducted for profit.

Nevertheless, at around 02:00 on September 11, 2015, the Defendant engaged in entertainment by allowing employees to drink with customers in the above general restaurant.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on detection (Food Sanitation Act) and a report on internal investigation;

1. Relevant legal provisions for facts constituting an offense and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act (the fine shall be partially reduced, taking into account the following: selection of punishment, the recognition of an offense, the fact that there is no record of criminal punishment, the fact that there is no record of criminal punishment, and the fact that the business is no longer operated any longer after closure of business, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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