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(영문) 부산지방법원 2020.04.28 2020고단71

공중위생관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to run a public health business shall prepare facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of the public health business and file a report thereon to the head of a

Nevertheless, on August 13, 2019, the Defendant, without filing a report with the head of Busan Jin-gu Office, had accommodation facilities, such as bedclothes, etc., on the Busan Jin-gu B building, C, and D, and operated a lodging business, which is a public health business entity, by having 4,00,00 won for each house of the above Item C, to 50,00 won for each house of the above Item C, and 50,000 won for each house of the above Item D, to 3,00 won for each house of the same route.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation report (as to the situation at the time of withdrawal);

1. Relevant Article 20 (1) 1 of the Public Health Control Act and Articles 20 (1) and 3 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has committed the instant crime even three times, even though he/she had been punished for the same kind of crime, so a strict punishment is needed.

However, after the detection by the defendant, the contract for the lease of two rooms of this case is terminated, and the defendant has no criminal records exceeding the fine.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, etc., and all other circumstances constituting the conditions for sentencing as shown in the records and arguments of this case shall be determined as ordered.