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(영문) 서울북부지방법원 2013.05.09 2013노270
식품위생법위반등
Text

The defendant's appeal is dismissed.

The costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in violation of the Food Sanitation Act and the Defendant was drinking according to drinking, and thus did not encourage customers to enjoy entertainment.

B. The injury was caused by the victim’s failure to pay the drinking value, and the victim was not only sealed.

2. Comprehensively taking account of the evidence duly admitted and examined by the trial court and the court below, it can be acknowledged that, after calculating the drinking value, E had already been calculated, the defendant drinked with the same alcohol and drinks together with 110,000 won as the defendant, and as E refuses to pay the drinking value later, the defendant injured the face of E when he refuses to pay the drinking value. In addition, considering the circumstances of drinking and the drinking value, etc., it can be deemed that the defendant engaged in an act of stimulating guests, such as drinking alcohol together with the alcohol, and thus, the defendant's assertion is without merit.

3. According to the conclusion, the appeal by the defendant is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the burden of litigation costs incurred in the trial shall be applied respectively under Article 191(1) and the main text of Article 186(1) of the Criminal Procedure Act. It is so decided as per Disposition.

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