(영문) 서울북부지방법원 2018.09.21 2018노1115

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(영문) 서울북부지방법원 2018.09.21 2018노1115

식품위생법위반

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A asserts that the first trial date after the lapse of the period for filing the appeal was asserted by Defendant A, and this does not constitute legitimate grounds for appeal, but rather, it appears in the sense of urging ex officio decision, and also examined in paragraph (2).

Defendant

B, on the day of the instant case, playing in the main point of “E” (hereinafter “the main point of this case”) by the JJ, and talking with customers, but there was no written entertainment.

B. The punishment of the lower court (the Defendants: KRW 2 million for each of the Defendants) is too unreasonable.

2. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, i.e., (i) the instant main points at the time of the instant case as customers.

F, while Defendant B talks that he will perform his work in the main point of this case, he continued to perform his alcohol in the next place, and he also provided Defendant B with his preserving her dice.

The statements are consistent and specific, and the credibility of the statements is high.

In full view of the fact that the defendants appeared to have engaged in entertainment together with the defendant Eul (the court records 25 pages, 47-48 pages of the court records), the fact that the defendants engaged in entertainment together with the defendant Eul (the court records 47,51 pages of the court records), and the fact that the defendants engaged in entertainment with the defendant Eul around November 2016 and the defendants actually operated by the defendant Eul (the 127 pages of the court records of the court below), the defendants can sufficiently recognize the fact that the defendants engaged in entertainment in collusion with the defendant Eul as stated in the judgment of the court below. Thus, the above defendants' assertion is without merit.

3. The defendants are not able to repent of their mistakes, in the case of defendants A, they are sentenced to a fine for the same kind of crime, and the sentencing after the sentence of the judgment below is made.

유사 판례

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-대전지방법원 2017.04.19 2016노2381

-대구지방법원 2017.12.22 2017노4153