식품위생법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 2,000,000.
Defendant
A does not pay the above fine.
The summary of the grounds for appeal (the factual error or misunderstanding of legal principles) Defendant A operated a nart club with a business license granted to an existing establishment building. In the event that a business establishment is destroyed by fire and reconstructed on the same spot, the entertainment tavern with the previous permission obtained is possible to run the entertainment tavern business in the reconstructed building under the same conditions, but the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
Before determining ex officio, prior to the judgment on the grounds for appeal by Defendant A, this paper examines ex officio.
In the first instance trial, the prosecutor maintained the facts charged in this case against Defendant A as the primary facts charged, and applied for the amendment of indictment to add the ancillary facts charged as stated in the facts charged in the first instance trial, and since this court permitted this and changed the subject of the trial, the judgment of the court below against Defendant A was no longer maintained.
However, even if there are grounds for reversal ex officio as above, the grounds for appeal against the primary facts charged by Defendant A are still subject to the judgment of this court. Therefore, this paper will examine the grounds for appeal.
3. Judgment on the Defendants’ assertion
A. On January 4, 2012, the lower court on the sixth day of the lower judgment, on February 20, 2013, permitted an application for permission to amend an indictment to change the term “201.........” on the ground that the person who intends to run an entertainment drinking house business with Defendant A’s primary facts charged and summary of the facts charged against Defendant B, obtained permission from the Commissioner of the Korea Food and Drug Administration, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu, for each type of business or each place of business.”
From January 17, 2012 to January 17, 2012, Defendant B, in the mutual entertainment bars of “Fnae club” operated by himself/herself on the 2 and 3rd floor of buildings in Eunpyeong-gu Seoul.