식품위생법위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 500,000.
The above fines are imposed by the Defendants.
1. The decision of the court below on the summary of the grounds for appeal (one million won by each fine) is too unreasonable.
2. The crime of this case committed by providing entertainment services, such as drinking and drinking, while operating a judgment general restaurant, is likely to disturb the order of permission and operation for each type of business of food entertainment establishments.
However, in addition, considering the conditions of various sentencing, such as the character and conduct of the Defendants, the environment, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable, since it is recognized that the sentence of the Defendants is too unreasonable, since it is too unreasonable, the Defendants’ above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 98 Subparag. 1 and Article 44(3) of the Food Sanitation Act and the selection of fines for criminal facts
1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse
1. Article 334(1) of the Criminal Procedure Act