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(영문) 인천지방법원 2012.08.16 2012고정836

식품위생법위반

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged was that the Defendant operated a general restaurant business with the trade name of “C” from a store located in 170 cubic meters of the second floor of the building in Nam-gu, Incheon Metropolitan City.

From October 201 to December 22:35, 201, the Defendant is required to keep an unmanned image in the Southern-gu Incheon Metropolitan City “C” located in the Southern-gu, Incheon Metropolitan City.

A non-string 1 unit, table 13, a camera, and a kitchen facility capable of cooking food shall be equipped, and an average of five million won per month shall be operated, and an unmanned video screen shall be provided to customers who find a business place and find it.

It allowed food service business operators to sing by using anti-sing so that they will not observe the rules.

2. Unmanned image of the accused;

Although there is a written confirmation of the preparation of D to allow customers to sing by means of counter-sing, etc., it is difficult to believe that D has made a false written confirmation to the effect that the Defendant appeared as a witness in this court at the time and made a false statement to the effect that he would not sing the customers, and that it actually made the Defendant’s statement to the effect that he would not sing the customers.

In addition, although the photographs, etc. of the business establishment with the above reflects the guilt, there is no evidence that the defendant allowed the defendant to use them to sing, and thus, it is insufficient to recognize the guilty of the charges only by the above "sing, etc.".

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and a summary of judgment is publicly announced pursuant to Article 58