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(영문) 대전지방법원 2014.12.11 2014고정956

공중위생관리법위반

Text

Defendants are acquitted.

Reasons

1. Defendant A is a person who substantially operates E, a public bath in Daejeon Dong-gu, Daejeon, and Defendant B is a corporation established for the purpose of operating a public bath.

Public health business operators shall cause harm to their users’ health.

The sanitary and safe management of facilities and equipment related to business shall be made to prevent the occurrence of persons.

Accordingly, drinking water in a public bath shall be less than 100CFU/1ml, which is the water quality standard of drinking water as stipulated in the Management of Drinking Water Act, and it shall be suitable for 100 CFU/10ml, 100ml, decentralization/100ml, which is suitable for decentralization/100ml.

1. On December 3, 2013, Defendant A provided a bath user with drinking water by installing a water purifier in the above E, and provided it to the bath user, and provided the public bath user with inappropriate drinking water, such as detection of general germs through 120 to 560CFU/1, etc., on drinking water installed in the making soup.

2. Defendant B, at the same time, and at the same place as the above paragraph (1), the Defendant, a real representative of the Defendant, committed the above violation in relation to the Defendant’s business.

2. Determination

(a) as shown in the Attachment of the relevant statutes;

B. The provisions of Article 1(2) of the Criminal Act of the same kind are different from the evaluation of the past acts committed as a crime according to the change of the legal ideology, which served as the reason for the enactment of the penal law, and such evaluation was recognized as a crime and punished itself.

The Act shall apply to cases where the Act was amended or amended in light of reflective results that the person committed an excessive punishment or committed an excessive punishment. In cases where the Act was amended or amended in order to cope with the special needs at that time due to changes in other circumstances, not due to such changes in the legal ideology, the act committed prior to the amendment or amendment has been punished as being the act at the time of the act even if the person observed the existing illegal act at the present.