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(영문) 춘천지방법원 강릉지원 2014.01.15 2013고정236
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a dran tavern in the East Sea C underground.

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

1. On October 1, 2012, around October 201, the Defendant: (a) around October 20, 2012, around 20:00, at the 1studio of the said Ddan operated by the Defendant, the Defendant provided entertainment entertainment E with the F who is a customer and provided entertainment.

As a result, the defendant assisted E to provide entertainment to customers by drinking alcohol together with customers for profit.

2. On December 28, 2012, the Defendant: (a) around 19:30 on December 28, 2012, 2012, at the 1studio of the said Ddan operated by the Defendant, G, a guest, was allowed to sit together with three customers, including H, and drink the alcohol.

As a result, the defendant assisted G to provide entertainment to customers by drinking alcohol together with customers for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement about witness F, E, and H;

1. Examination protocol of the suspect of G by the prosecution;

1. Application of a copy of receipt and a copy of business registration certificate;

1. Article 98 of the Food Sanitation Act and Article 44 (3) of the same Act concerning the applicable criminal facts and the selection of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act denies the facts charged that the Defendant did not arrange for entertainment. However, according to each of the statements of the F, H, E, and G identified as the customer and the entertainment source of the D dan, the fact that the Defendant arranged for entertainment is sufficiently recognized.

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