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(영문) 전주지방법원 2013.06.04 2013고단1292
식품위생법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant is a person who operates a general restaurant in the name of Yansan-gu B in Jeonju-si.

No general restaurant operator shall be equipped with sound and reflective facilities and allow customers to sing.

Nevertheless, on August 31, 2012, at around 23:11, the Defendant had a sound and reflective facility, such as a computer reflector and a forum, inside the said business establishment, and had the name-free customers found in the said business establishment sing down.

2. According to the records of this case, the defendant issued a summary order of a fine of KRW 500,00 on October 9, 2012 to the facts constituting the crime of violating the Food Sanitation Act, which stated that "the defendant, at the Jeonju District Court on January 9, 2012, he/she installed a sound and reflect facility, such as a computer reflect cycle, a drum, etc., inside the business establishment on January 14, 2012, and allowed customers in the name of the above business establishment to singing, thereby failing to comply with the rules of a general restaurant operator," and issued a summary order of KRW 500,000 on November 28, 2012.

However, since a business crime is a kind of collective crime, which is naturally expected to be repeated acts of the same kind in light of the nature of the elements of the crime, it shall be deemed that an act constituting such a business crime and an act committed continuously and repeatedly at the same place for a certain period constitutes one crime comprehensively, barring special circumstances (see, e.g., Supreme Court Decision 83Do939, Jun. 14, 1983). If a judgment becomes final and conclusive with respect to a part of a crime in the relation of a single comprehensive crime, the final and conclusive judgment shall be sentenced to a judgment of acquittal because res judicata effect of the final and conclusive judgment has yet to become final and conclusive (see, e.g., Supreme Court Decision 2006Do1252, May 11, 2006). The facts constituting a crime in violation of the above Food Sanitation Act, for which a summary order has become final and conclusive, and the facts charged in this case

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