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(영문) 부산지방법원 2013.06.14 2013노241
식품위생법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Since D Co., Ltd. to which the Defendant belongs is in partnership with Es.S. Korea Co., Ltd. in relation to the operation, etc. of the instant Balking C, it can be deemed that the Defendant is in the status of joint business operators of the instant Balking C.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

2. In the case of the amendment of the indictment and the trial of the political party, the prosecutor applied for the amendment of the indictment of this case less than 6 in the indictment of this case, and the prosecutor applied for the amendment of the indictment of this case to the effect that, from July 23, 2009 to July 23, 2009, the defendant applied for the amendment of the indictment of this case, including the size of about 134.06 square meters wide from around July 23, 2009 to the present day, and applied for the amendment of the indictment of this case, the court did not regard the amendment of the indictment of this case as being the object of the amendment or the amendment of the indictment of this case since it did not actually affect the contents of the indictment of this case, but it did not make the amendment of the indictment of this case to the extent that the amendment of the indictment of this case is unclear.

Therefore, the judgment of the court below is not reversed on the grounds of changes in the indictment in the trial.

3. The summary of the facts charged is that the defendant is a director of D Co., Ltd., the owner of a building in Busan Shipping Daegu B 202, and the person who intends to operate a resting restaurant business shall report to the head of the competent Gu by type of business or type of business, and the size of the place of business, etc. among the reported matters.

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