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(영문) 서울남부지방법원 2014.02.06 2013노1153
식품위생법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor's office (in particular, witness D's legal statement in the original trial), it can be sufficiently recognized that the Defendant arranged to provide entertainment services through drinking and singing and dancing to D, etc., which the Defendant had been a guest in the "C," as stated in the facts charged in this case, to the "C," etc. operated by the Defendant, as stated in the facts charged in this case.

Nevertheless, the court below found the defendant not guilty of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. Examining evidence duly adopted and investigated by the court below and the reasons for the judgment of the court below closely, the court below's decision that acquitted the facts charged of this case on the grounds of its stated reasoning is just and acceptable (the same shall apply to the case where the court below added a witness G's trial statement) and it cannot be said that there was an error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.

Therefore, the prosecutor's argument of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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