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(영문) 대전지방법원 2020.06.11 2019고정775
식품위생법위반
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Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Criminal facts

The Defendant is a person who operates a general restaurant with the trade name “C” on the Daejeon Pungsung-gu B and the second floor.

In spite of the fact that a general restaurant business operator was equipped with sound facilities and allowed customers to dance, the Defendant violated the rules of conduct of food service operators by having DJx and special lighting in the above place on April 13, 2019 and 00:02 on April 21, 2019.

Summary of Evidence

1. Partial statement of the defendant;

1. Police statements of D;

1. Investigation report (examination of case records), investigation report (field photographs), and on-site photographs;

1. Application of field photographic file CD-related Acts and subordinate statutes;

1. Article 97 of the Food Sanitation Act and Articles 97 and 44 (1) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Around April 13, 2019, the gist of the assertion was that customers dance in the restaurant. However, the Defendant did not permit dancing by posting a phrase “not allowing dancing” in the restaurant (one week) and there is no fact that customers dance around April 21, 2019.

(2) Notice) 2. Determination

A. The above Part 1 states that the Defendant stated that “Iretains 5 times ordinarily in Hau” at the time of the police investigation, and even the above restaurant blogs, it is inconsistent with the publicity of “Irered dancing.” In addition, it is not clear whether the date on which the Defendant posted a notice stating that “Ired” the Defendant could not enjoy dancing,” and even if the Defendant posted such a notice prior to the occurrence of the instant case, it is prior to the occurrence of the instant case, the Defendant’s existence of “dredone” as above.

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