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(영문) 대전지방법원 2019.07.18 2019노757
식품위생법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The prosecutor of the misapprehension of the legal principle claimed a summary order on the violation of the Juvenile Protection Act due to the referral of juvenile visitors and the violation of the Juvenile Protection Act due to employment of juveniles. However, the violation of the Juvenile Protection Act due to employment of juveniles may be punished by a fine, while the violation of the Juvenile Protection Act due to the referral of juvenile visitors cannot be punished by a fine. In addition, the violation of the Juvenile Protection Act due to the referral of juvenile visitors is inconsistent with the “mediation” and the “employment.” Therefore, the violation of the Juvenile Protection Act due to the referral of juvenile visitors is merely a clerical error, and the prosecution procedure constitutes a case where the prosecution procedure is invalid in violation of the provisions of the Act, since the prosecutor did not prosecute them alternatively. 2) The sentence of unfair sentencing (one year of imprisonment with prison labor and one year

B. In full view of the evidence consistent with the facts charged in this part of the facts charged, the court below acquitted the defendant, who is the business owner of a business establishment harmful to juveniles, despite the fact that the defendant was employed by juveniles. The court below erred in the misapprehension of legal principles, and the judgment of the court below is erroneous in the misapprehension of legal principles.

2. Determination

A. Article 44(3) of the Food Sanitation Act provides that “No person shall drink alcoholic beverages with customers, provide entertainment services (excluding performance, musical instruments, dances, and dances) which encourage customers to provide entertainment by singing or dancing, or arrange such acts to provide entertainment services, at a place where food service business is operated for profit under Article 36(1)3 (excluding a place where a person may employ entertainment workers) for the purpose of profit-making.”

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