공중위생관리법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the Defendant was running the rural bed and rural bed, using 4 buildings on the ground B of Gyeonggi-gun. Since Article 2(1)2 of the Public Health Control Act excludes the rural bed and rural bed, the Defendant did not engage in the lodging business without reporting to the competent authorities, and the Defendant does not violate Article 20(1)1 of the Public Health Control Act, and does not violate Article 141 subparag. 4 of the National Land Planning and Utilization Act.
Therefore, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of all the charges of this case, thereby adversely affecting the conclusion of the judgment.
2. An ex officio determination prosecutor applied for the amendment of an indictment with the content that “from September 10, 2017 to October 10, 2018” was added to “from September 10, 2017 to the date of the instant facts charged at the trial.” Since the subject of the adjudication was changed by this court’s permission, the lower judgment was no longer maintained in this regard.
However, we examine the judgment of the court below as the defendant's assertion of legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
3. Judgment on misapprehension of legal principles
(a) The definitions of terms used in this Act shall be as follows:
1. The term "public health business" means the business of providing sanitary control services to many people, which is the lodging business, public bath business, barber business, beauty and beauty business, laundry business, and the business of
2. The term "tourist business" means the business of rendering such services as facilities and equipment, so as to make customers able to sleep and stay;
Provided, That this shall not apply to private houses located in agricultural and fishing villages and other cases prescribed by Presidential Decree.
Article 3 (Reporting on Commencement and Closure of Public Health Business) (1) A person who intends to run a public health business shall engage in each type of public health business.