(영문) 대구지방법원 2014.07.04 2013노4200 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2014.07.04 2013노4200

식품위생법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding and misunderstanding of legal principles, the main points operated by the Defendant are not installed with stage equipment, and the table is fixed on the floor, and the space for dancing is not installed separately, and the special lighting equipment was not used to induce customers to dance. Therefore, the lower court found the Defendant guilty of the facts charged in the instant case even though the Defendant did not engage in entertainment tavern business, and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, it is recognized that the main points of the defendant's operation are equipped with the special lighting equipment such as 8 sk beam of the project, 2 skn beam, 5 sn beam beam beam, in addition to the sker and general lighting, with sker and sker, and 5 sn beam beam. The defendant employed the DJ to encourage customers to feel interest by providing a space between the DJ spice front or the table at the main points of this case and led customers to enjoy dancing naturally. The fact that the customers had danced in the main points of this case was 5,00 won as admission fees, and that the main points of this case received more than 5,00 won and allowed them to enter the visiting customers to dance.

Therefore, it is reasonable to view that the main point of this case is a place where customers are engaged in dancing, and therefore, it is sufficiently recognized that the defendant is engaged in entertainment tavern business without obtaining permission for an entertainment tavern business.

Therefore, the defendant's above assertion is without merit.

B. The circumstance that the Defendant did not oppose the mistake while denying the instant crime, and the period, scale, and the instant crime committed by the Defendant with respect to the entertainment tavern business.

유사 판례

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-대구지방법원 2014.05.15 2013노2499

-대구지방법원 2012.12.12 2012고정3543

-수원지방법원 2015.10.08 2015고정978