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(영문) 서울중앙지방법원 2017.08.10 2017노1792
식품위생법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. According to F’s statement on the gist of the grounds of appeal (misunderstanding of facts), a person who is not considered as a number of persons can sufficiently recognize the fact that he/she sing, and even if so, he/she allowed him/her to sing only to the number of persons registered with the Association.

Even if they had customers sing, they engaged in singing business so long as they had customers sing, and engaged in singing business only by having many and unspecified customers sing;

can not be seen.

2. Determination

A. Defendant B is a person who reported general restaurant business to the head of the Gu in Seoul, and operates “E” on the Jongno-gu Seoul Metropolitan Government D and the second floor, and Defendant A is a person who serves as the director in charge of accounting of the above “E”.

The Defendants conspired with the head of the competent Gu and did not obtain permission to engage in a danran business, from March 2004 to September 20, 2016, and had 102 square meters in the area of approximately 102 square meters in the above restaurant with 1 and other sound devices, 35 customers, 140 chairs, etc., and had many unspecified customers sing their singing in line with the video-based class, and sold both musical instruments, beer, and beer, and beer and sold, and alcoholic beverages with an average of 3 million won per day.

B. The lower court found the Defendant not guilty of the facts charged on the ground that, based on the evidence duly admitted and investigated, the facts and circumstances as indicated in its reasoning were acknowledged, and the facts and circumstances were comprehensively considered, the instant restaurant appears to have sing only to a certain number of customers with a certificate, and there is no objective evidence to prove that many unspecified general customers with no certificate of proof have sing.

(c)

A thorough examination of the reasoning of the judgment below in light of the records of this case, and the restaurant of this case consists of one hole without the partitioned room separately.

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