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(영문) 대구지방법원 2014.05.16 2013노2232
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal of this case is that the accused, who pretended to be a customer, made the criminal defendant enter the C entertainment tavern operated by the defendant, and allowed the entertainment receptionist and drinking to visit the spatituous act while drinking with the entertainment receptionist, and made the criminal investigation agency take the spatituous act and file a criminal

As above, although the crime of this case was induced by the accuser, the judgment of the court below convicting this part of the facts charged is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

2. According to the records of this case, the court below acknowledged the circumstances where the person who filed the crime of this case committed an act of disturbing a rumor, such as inducing the guest to voluntarily engage in an act of disturbing a rumor at the entertainment drinking house operated by the defendant while pretending to be a guest in order to detect illegal retired business. However, even if there were such circumstances, it cannot be deemed that the above entertainment receptionist's act does not constitute an act of disturbing a rumor.

In addition, as long as the entertainment bars engaged in a conduct of disturbing a rumor at the above entertainment bars operated by the defendant, it is reasonable to view that the defendant violated the code of practice to prevent a disturbance of a rumor as a person who operates entertainment bars.

Therefore, the defendant's argument is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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