beta
Text
The judgment of the court below is reversed.
Defendants are not guilty.
Reasons
1. The summary of the grounds for appeal is erroneous in the misapprehension of facts, and the judgment of the court below which found the Defendants guilty on the grounds that the Defendants did not conduct entertainment bar business without permission by making four persons, such as F, etc., who were engaged in entertainment to customers at the instant entertainment bar, and let them conduct entertainment bar business by drinking alcohol and drink.
2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the Prosecutor changed the facts charged in this case against the Defendants as stated in the judgment below, and the applicable provisions of this Act to “Defendant B: Articles 94(1)3 and 37(1) of the Food Sanitation Act; Articles 334(1) of the Criminal Procedure Act; Articles 100, 94(1)3 and 37(1) of the Food Sanitation Act; Article 334(1) of the Criminal Procedure Act; Article 334(1) of the Criminal Procedure Act; Article 334(1) of the Criminal Procedure Act; Article 334(1) of the Criminal Procedure Act; Article 334(1) of the same Act; Article 100, Article 94(2) of the Food Sanitation Act;
However, despite the above reasons for ex officio destruction, the Defendants still dispute the changed crime of this case as stated in the grounds for appeal. Thus, the following should be seen as follows.
3. Judgment on the assertion of mistake of facts
A. The summary of the revised facts charged is Defendant A’s business of “E dan” in Daejeon Dong-gu, and Defendant B is an employee of the said dan Association.
1) In order to run an entertainment bar business, Defendant B obtained permission from the competent Gu office. However, Defendant B, from around 01:0 on June 12, 2013 to around 03:00 on June 12, 2013, to around 203:0, Defendant B, while selling alcoholic beverages and liquors to four persons including 23 years of age, sold alcohol and liquors to customers at the above studio 6 hours, and had them drink and drink alcohol to customers.