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(영문) 대전지방법원 2014.04.03 2013노2344
식품위생법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unreasonable that the sentence imposed by the court below (two months of imprisonment, one year of suspended execution, and seven million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the case at the trial. The prosecutor applied for changes in the indictment with the phrase “from November 21, 2012 to February 7, 2013, with stage equipment, special lighting equipment, etc. installed at the above C points, and had customers who drink alcoholic beverages dance with music,” among the facts charged. The judgment below was no longer maintained in this regard.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【The reason for the judgment of multiple times】 The criminal defendant is a person who operates a general restaurant in the name of “C” in Seo-gu, Seoan-gu, Seoan-gu.

Where any person intends to operate an entertainment bar business, he/she shall obtain permission from the competent authorities by type of business or place of business.

Nevertheless, the Defendant did not obtain permission to engage in entertainment tavern business from the head of Seocho-si, Yan-si. From November 21, 2012 to July 13, 2013, the Defendant provided entertainment bar business with stage equipment, special lighting facilities, etc. at the said Cju from around November 21, 2012 to around July 13, 2013, and provided customers who drink alcoholic beverages with dance in line with music.

Summary of Evidence

1. The defendant's oral statement in the original judgment and the trial court;

1. D's statement among the suspect interrogation protocol of the accused against the prosecution;

1. The police suspect interrogation protocol of H;

1. E, .

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