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(영문) 서울남부지방법원 2018.10.30 2017노1277

식품위생법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not allow the female employee to drink together with the customer F at the time and place indicated in the facts charged in the instant case.

However, the lower court found the Defendant guilty of the instant facts charged on the grounds of the testimony of F without credibility.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. In full view of the following circumstances revealed through the evidence duly examined and adopted by the lower court, the lower court fully recognizes the fact that the Defendant, as indicated in the facts charged in the instant case, had female employees drink the same as the guest, thereby inducing the customer to provide entertainment services.

Therefore, the defendant's assertion is without merit.

① The F appeared as a witness in this Court and testified that corresponds to the facts charged in this case.

F's testimony is consistent and concrete in the main part of the criminal facts if the testimony of F is made by investigation agency and comparison with it.

At the time of the occurrence of the instant case, the F’s statement is inconsistent with other evidence or circumstances, such as: (a) the Defendant was unable to keep the inside of the alcohol branch on the table before the police officer was called to the site; and (b) female employees did not contact until now with the police officer.

In addition, in light of the fact that it is difficult to find out the motive or reason for the false statement even when the F is subject to punishment for perjury, and in light of the attitude of the statement in this Court, the F’s statement is admissible as credibility.

② The F’s statement at the trial is somewhat different from the F’s statement in an investigative agency on whether F dices and alcohols were dices immediately before the clerical error in the Defendant’s operation, and on the detailed details of beer and beer’s care, etc. ordered at the headline.

However, in consideration of the consistentness of F's core statements, it would be denied the credibility of F's statement.