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(영문) 의정부지방법원 2021.01.13 2020고단5396
관광진흥법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to operate a camping ground business that allows tourists to use facilities, equipment, etc. suitable for camping and provide camping convenience, shall register with the competent Mayor.

Nevertheless, the Defendant, without being registered with the two states Mayor from January 17, 2020 to July 28, 2020, operated a camping business in a manner that, without being registered with the two states Mayor, he was equipped with repair rooms, toilets, shower rooms, water supply, and electric facilities and had many and unspecified users install tents and charge them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes, such as a written accusation, field photograph, and confirmation;

1. Article 83 (2) and Article 4 (1) of the Tourism Promotion Act applicable to the facts constituting an offense, and Articles 83 (2) and 4 of the same Act and the selection of a sentence of imprisonment;

1. Although the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, had a record of criminal punishment of fines on a total of three occasions on the grounds that he/she operated camping business without being registered with the competent authority in 2017, 2018, and 2020, he/she again committed the instant crime that is disadvantageous to the Defendant.

The defendant recognized his mistake, and will close the camping site of this case and concentrate on the operation of the weekend farm in the future.

A punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the defendant's age, sexual conduct, environment, motive or background of a crime, means and method of a crime, details and consequence of a crime, etc.; (b) there is no record of criminal punishment exceeding a fine; and (c) some other circumstances that may be taken into account in the process of the occurrence of the crime in this case; and (d) other all the conditions of sentencing

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