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(영문) 서울중앙지방법원 2017.09.08 2017고정2132

공중위생관리법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in accommodation business in total of 22 rooms, including 605, 701, 702, 703, 704, 705, 707, 710, 712, 713, 714, 715, 801, 802, 803, 804, 805, 806, 807, 808, 811, and 814.

When any person intends to conduct public sanitary business, he/she shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry for Public Health and Welfare for each type of public sanitary business and shall report it to the head of a Si

Nevertheless, the Defendant did not file the said report, from October 201 to May 8, 2017, and provided convenience facilities, such as bedclothes, in the instant officetel’s guest room, and received accommodation expenses of KRW 80,000 to KRW 110,00 from the guests per day, and violated the Public Health Control Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each report on detection, each written statement, each field photograph, and the details of accommodation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 20(1)1 and 3(1) of the Public Health Control Act that choose a penalty, and the selection of a fine (with no same type of force, the fact that the defendant has arranged all of his/her business, details and degree of violation, the defendant's age, sexual conduct, circumstances after committing a crime, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;