2015No2711 Violation of the Food Sanitation Act

A person shall be appointed.

Defendant

Jeong-ok (Court Prosecutions) and Lee Dong-hee (Courtrooms)

Attorney B

Busan District Court Decision 2015Gohap1489 Decided August 13, 2015

2015.10, 30

The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

The lower court found the Defendant guilty of the facts charged of the instant case, but the Defendant “C (hereinafter “instant business”).

(1) “The fact that alcoholic beverages are kept in the store, but there is no fact that they are sold to customers.”

Therefore, it cannot be deemed that a public entertainment business was engaged in, and the date and time of committing the instant facts charged is special.

Therefore, the judgment of the court below cannot be seen as having determined. The court below erred by misapprehending the legal principles.

There is an error of law that affected the judgment.

2. Determination

A. In a criminal trial, there is room for a judge to make a reasonable doubt of guilt.

(2) If the facts charged are true, a certificate of probative value may be

the defendant, even if there is no evidence to establish such a degree of conviction

Even if there is a doubt of guilt, it is inevitable to determine the interest of the defendant as the interest of the defendant.

The rule of experience and logic is not necessarily required to be formed by direct evidence.

not in violation of this section, it shall be formed by indirect evidence, and indirect evidence shall be open

Separately, even if it does not have full probative value of a crime, the entire evidence shall be mutually authorized.

in comprehensive consideration under this chapter, there is a comprehensive probative value that is not independent.

If deemed, the facts constituting the crime can also be recognized (Supreme Court Decision 200 delivered on October 22, 1999).

199Do3273, see, e.g., Decision 199Do3273)

B. We examine the following, based on the evidence duly adopted and examined by the court below.

(1) The number of winners of cans and beer who are in custody of the warehouse and cooling house of the instant establishment;

The amount of alcoholic beverages kept by the defendant, such as up to the opening of a woman (Evidence No. 6 of the Evidence Record), 2

The Defendant, while operating the instant establishment in the police, has been granted an alcoholic beverage to him;

Han Jin, Jin Jin, and Woo stated to the effect that he will be a fake, and ③ the detection of the instant case

No 7 studio 64 square meters in Si, No 6 studio 7 studio, 7 studio, micro, etc.

A male guest can cans, beer, beer, beer, and singing provided by the defendant in the room;

(Evidence No. 36) and (4) Defendant’s “Dno” at the same place as the instant business establishment.

The operation of a singing practice room with the trade name of "singing practice place" is controlled by the act of selling light alcoholic beverages on 2014.

It has been punished for a fine on two occasions due to a violation of the Music Industry Promotion Act, and thereafter, it has been subject to the punishment.

The above shall hear the statement that if a report is filed with a music record or music video production business, it does not constitute an issue of selling alcoholic beverages.

After closing a singing practice room and reporting a music record or music video production business, the person has become to engage in the instant business.

(5) The inside of the instant establishment, together with the singing machines, shall be deemed to be a customer to the center.

In other words, it is not different from that of ordinary singing and singing practice, and the structure of the singing practice is not different.

A mobile storage device (USB) is equipped with a device capable of singing or visually storing singing or video by sticking it;

At the time of the crackdown on this case, Defendant Cho Jong-soo was well aware of the method of use (Evidence No. 11, 14 of the Evidence Record);

22) Other reasons why the Defendant operated the instant establishment, as well as the situation at the time of the crackdown;

In full view of the business content, internal structure, etc., the defendant sold alcoholic beverages at the instant business establishment.

As it is sufficiently recognized, the defendant's business of this case as stated in the facts constituting the crime in the judgment of the court below.

A person who has been engaged in singing business by installing facilities to sings and selling alcoholic beverages.

Therefore, the defendant's argument is without merit. 1) Therefore, the defendant's argument is without merit.

C. The Defendant’s defense counsel asserts that the date and time of committing the instant facts charged was not specified.

The law demanding that the facts charged be specified in Article 254(4) of the Criminal Procedure Act;

The purpose of this is to facilitate the exercise of the defense right by specifying the scope of the defense of the defendant.

Therefore, the facts charged are specific facts that meet the requirements for organizing crimes by integrating the specific elements of the facts charged.

It is sufficient to state to the extent that it is recognizable from the fact, and crimes referred to in the above provisions of the law.

‘Date' is required to be stated to the extent that it does not conflict with double prosecution or prescription, so the prosecution may not be instituted.

The extent mentioned above, even if the date of the offense was not specified specifically in the chapter;

In addition, in the light of the nature of the crime, a general indication about the time of the

and if it appears that there is no impediment to the exercise of the defendant's right of defense against him or her, it

It cannot be deemed that the content of prosecution is not specified (Supreme Court Decision 2014Do6107 Decided October 30, 2014).

See Supreme Court Decision, etc.) The content of the instant facts charged is from September 2014 to September 25 of the same month by the Defendant.

19: A business principal or a guidance that conducts the danran business without permission by up to 23 days;

The defendant also has the nature of the crime (comprehensive crime), and the production of music records and music video products by a person on September 3, 2014 as the person on September 3, 2014.

Since the report on the business has been completed (No. 32 of evidence records), the business of this case from around that time in light of the rule of experience.

In light of the fact that the facts charged in this case appears to have been commenced, the contents of the facts charged in this case are not specified.

It is difficult to view that the defendant did not have or had reached the degree of hindering the defendant's exercise of defense right.

3. Conclusion

Thus, there is no reason to appeal by the defendant, and it is in accordance with Article 364(4) of the Criminal Procedure Act

It is dismissed and it is so decided as per Disposition.

Judge Lee Sung-hoon

Judges Kim Tae-jin

Judges Cho Jin-jin

1) The Defendant closed his practice room and reported the change of his type of business, and operated the instant business, and the instant business room.

In light of the fact that quality cannot be seen as a music record or music video production business that assumes the objective of distributing and offering video works for viewing, Defendant

include the duty not to sell alcoholic beverages in the singing practice place business, and the duty not to sell alcoholic beverages in fact to sell alcoholic beverages mainly, and the duty to provide music incidental thereto.

It is reasonable to deem that there was an intentional intent to conduct the danran business without permission.