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(영문) 서울북부지방법원 2013.05.15 2013노336
식품위생법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal D attempted to pay the helper cost to E through the Defendant, the lower court acquitted the Defendant of the facts charged even though the Defendant acknowledged that he had employed E as an entertainment receptionist, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. On August 15, 2012, at around 03:10 on August 15, 2012, the Defendant: (a) operated a public entertainment bar in Seoul Special Metropolitan City, Nowon-gu; (b) received money of KRW 25,000 per hour from D, a customer; and (c) had E attend with D to drink with alcohol, singing, and stimulate entertainment; and (d) had E provide entertainment reception service by employing entertainment workers.

3. The judgment of the court below held that D and E made phone calls to E in person because D and E knew about E from this case before this case, and that D were aware that they became E and permitted to do so. The above facts alone are difficult to deem that the defendant employed E as an entertainment receptionist, and that D and E did not allow the defendant to do so in the court of the court below. The statement made by D and E investigative agency and the court of the court of the court below is insufficient to find the defendant guilty of the facts charged of this case. The facts charged are judged to be not guilty on the grounds that there is no evidence to prove otherwise.

4. The burden of proving the facts charged in a criminal trial for the trial of the trial for the trial is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, such evidence shall be available.

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