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(영문) 서울중앙지방법원 2017.09.07 2017노2099

공중위생관리법위반

Text

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.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. Bridge 1,50,00 won per month’s average accommodation fee of approximately 75,00 won from October 7, 2016 to February 23, 2017, a prosecutor received approximately 75,000 won from the first place of the instant facts charged at the trial before the determination of the Defendant’s argument on the determination of ex officio determination of the sentencing. From the first place of the instant facts charged, the prosecutor raised sales of approximately KRW 1,50,00 per month’s average accommodation fee of KRW 420,423, 524, 615, 1502, 1513, and 1514 for the same period, 00,000 won and 1,523, 423, 524, 615, 1502, 1513, and 1514, 2.00,000 won per month’s accommodation business.

“Application for Amendments to Bill of Indictment was filed, and since this Court permitted it and changed the subject of the adjudication, the judgment of the court below was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Re-written judgment] The criminal facts and summary of the evidence established by the court and the summary of the evidence are as follows: from 4th to 10th of the lower court’s judgment’s second 2nd 4th e.g., “Btel 1314, 2316 to 23th 2017, an average of approximately 1,500,000 won per month of the guest room using approximately 75,000 won of the average accommodation charge as of October 7, 2016 to 23th 2017; and Ctel 420, 423, 523, 524, 615, 1502, 1513, and 1514 to 10th e.g., the average accommodation charge of KRW 5,00 per month; and 10th e., the average accommodation charge of KRW 5,000 per month.

Except for changes to “...........”