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(영문) 서울중앙지방법원 2013.12.19 2013노2856
식품위생법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) As to F main points, the Defendant: (a) committed the crime of mistake on or around August 2008, the instant F main points (2012Da4835), but the Defendant was unable to obtain permission for amusement restaurant; (b) leased the main points to AR and J around October of the same year; and (c) was not the actual operator of the said main points; (d) the Defendant was in collusion with J and M, etc. as the actual operator of the said main points; (b) the lower court erred by misapprehending the facts against the rules of evidence, thereby adversely affecting the conclusion of the judgment; (b) the Defendant was in violation of the rules of evidence against Q main points (2) the Defendant leased Q main points from AD, who is the nominal owner, and was in violation of the rules of evidence, operated Q main points for a short period of up to 00Da1000,000,000 from AD to 20,000, and (c) the Defendant was in violation of the rules of evidence.

B. Even if an unreasonable sentencing is acknowledged, the sentence of the lower court against the Defendant (three years of imprisonment) is too unreasonable in light of the circumstance and present situation of the Defendant’s occurrence of the instant crime, etc.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the allegation of mistake 1F points, i.e., the F point of view.

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