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(영문) 서울북부지방법원 2015.02.17 2014고정2850
공중위생관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Anyone who intends to run a public health business shall install the facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of the public health business and report to the head of a Si/Gun/Gu, and shall not open a barber's or beauty artist's business or engage in such business unless he/she has obtained a license for

Nevertheless, the Defendant did not report to the head of the Gu, from July 2014 to August 29, 2014, installed three beds for marinas in Seoul Special Metropolitan City, Nowon-gu, 602 Dong 402 and 402, and had three rooms for marinas without a beauty business license.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. A written statement of a public official assigned to the Control Agency;

1. A certificate;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Relevant provisions of Article 20 (1) 1, Article 3 (1) (the point of a public health business not reported) of the Public Health Control Act concerning facts constituting an offense, and Articles 20 (3) 2 and 8 (1) (the point of a non-licensed beauty business);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and his defense counsel on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the cosmetic Use Act was merely a demonstration and explanation of the customer’s face for the sale of cosmetics, and thus, it is not a beauty business.

However, in addition to the following circumstances acknowledged by evidence, the defendant provided three beds in the place of this case with facilities for the main marina, etc., and employed and operated a separate part-time employee who is qualified for the part-time manager, if he was paid the price for marina as well as for the sale price of cosmetics, the act of marina is also a business act.

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