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(영문) 서울고등법원 2016.03.25 2015누66112
과징금부과처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except where the court renders partial modifications and adds the judgment to this court as follows. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure

2. 이 법원에서 고쳐쓰는 부분 ▣ 제1심판결서 3쪽 2행의 “및”을 삭제한다.

▣ 제1심판결서 4쪽 12행의 “청소년 주류제공 위반 사유”를 “판매 목적 미신고 수입식품 보관 사유”로 고친다.

3. The plaintiff added in this court asserts that "the plaintiff did not have any fact that the plaintiff stored or sold red99 for sale, and the penalty surcharge imposed on the plaintiff is an abuse of discretion and is illegal."

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. However, the first instance court's decision rejecting the plaintiff's assertion is justified even if both the evidence submitted in the first instance court and the evidence submitted in this court are examined

4. The plaintiff's claim is without merit.

In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

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