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(영문) 인천지방법원 2016.11.25 2016노3343
식품위생법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of violation of the Food Sanitation Act due to the act of guest entertainment among the facts charged in the instant case and sentenced a fine of 300,000 won to the defendant, and found the defendant not guilty of the violation of the Food Sanitation Act due to the employment of the rest of entertainment visitors and the act of arranging entertainment entertainment.

However, only the prosecutor appealed against the acquittal portion of the judgment below, and since the defendant did not appeal, the conviction portion among the judgment below is separated and finalized, the scope of the judgment of this court is limited to the acquittal portion among the judgment below

2. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, it is acknowledged that the defendant employed entertainment workers under his/her name and let them enjoy entertainment by drinking alcohol together with his/her customers.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

3. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that found the defendant not guilty of this part of the facts charged is just and acceptable, and it does not seem that there is an error of misunderstanding of facts, as otherwise alleged by the prosecutor, in the judgment below.

Therefore, the prosecutor's above assertion is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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