logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.09.07 2017고정1124
식품위생법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 6 shall be confiscated.

Reasons

Punishment of the crime

1. In the indictment from around 22:30 on March 20, 2017 to 23:35 on the same day, the Defendant appears to be “from around 10:30 to 11:35 on the same day” but this appears to be “from around 22:30 on the same day to 23:35 on the same day” and thus, even if the indictment was corrected without changing the indictment, it does not seem that the Defendant would have any substantial disadvantage in exercising the Defendant’s right to defense, and thus, the indictment shall be corrected ex officio.

In the cafeteria “D” restaurant located in the Daegu Suwon-gu Suwon-gu, by using the T, F, and G, the sum of which was set at 20,000 won at one time by taking the head of the T, F, and G, and by taking the head of the T, T, 40, the sum of which was set at two times, and was set at a higher number, and a person who was lower than the line was set at 30 times, he was able to make his gambling by providing a scambling, etc. in order to assist him, even though he was aware of the fact that he was able to do so.

2. The Defendant in violation of the Food Sanitation Act is a food service provider operating a general restaurant under the trade name of “D” at the place indicated in the foregoing paragraph (1).

Food entertainment business operators and their employees shall prevent gambling, other speculative acts, or disturbance of public morals in their businesses in order to manage raw materials for business, maintain manufacturing processes and sanitary control, and maintain order, and promote the health and hygiene of the people.

Nevertheless, the defendant did not prevent gambling, such as E, at the time and place described in paragraph 1 above, as stated in paragraph 1 above.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each protocol concerning the examination of the police officers in relation to G, E, and F;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 246(1) main sentence of Article 246(1) of the Criminal Act, Article 32(1) of the Criminal Act (the occupation of aiding and abetting gambling), Article 97 Subparag. 6 of the Food Sanitation Act, and Article 44(1) of the Food Sanitation Act (the fact that matters to be observed by food service providers are violated, and the choice of fines) concerning criminal facts;

1. Article 32(2) of the Criminal Act, which provides for statutory mitigation.

arrow