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(영문) 의정부지방법원 2018.09.13 2018고정813

공중위생관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to conduct public sanitary business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall report to the head of a Si/Gun/Gu.

In violation of restrictions on the use, type, size, etc. of buildings and other facilities in an area or a district for use under the National Land Planning and Utilization Act, with respect to the construction or installation of buildings and other facilities, or any alteration of the purpose thereof.

Nevertheless, the Defendant did not report to the competent authorities, and changed the use of 4 buildings for the purpose of detached houses on the ground B, which are natural green belt zones in which accommodation facilities cannot be located from April 2017 to July 2017, in a manner of using the buildings for the purpose of detached houses from Pyeongtaek-gun, Gyeonggi-do, in a manner of receiving fees from the customers.

Accordingly, the defendant did not report to the competent authorities on accommodation business, and changed the purpose of the building.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A written accusation and a written accusation;

1. Confirmation of land use plan and the building register;

1. Application of Acts and subordinate statutes on the site of photographs;

1. Relevant Article 20 (1) 1, the former part of Article 3 (1) of the Public Health Control Act (the occupation of an unreported accommodation business), Article 141 subparagraph 4, Article 76 of the National Land Planning and Utilization Act (the occupation of a change in the use of a building), and selection of fines, respectively, for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the defendant's view of committing all the crimes, only two different types of fines, and other punishment shall be determined by comprehensively taking into account the business period of this case, the circumstances before and after committing the instant crime, the circumstances before and after committing the instant crime, the defendant's age, sex, environment, health conditions, etc.