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(영문) 서울중앙지방법원 2019.01.17 2018노2459
공중위생관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the court below is too unreasonable.

2. There are some circumstances that may be taken into account the circumstances leading to the instant crime, and the Defendant seems to have made efforts to legally operate his business.

There is no criminal offense beyond the fine against the defendant.

Such circumstances are favorable to the defendant.

On the other hand, the period is not shorter than 30 guest rooms by the defendant running accommodation business for about 7 months, and the size is also reasonable.

The Defendant committed the instant crime even though he was subject to criminal punishment for the same crime.

Such circumstances are disadvantageous to the defendant.

In addition, considering the defendant's age, career, character and conduct, environment, the degree of profit gained by business, motive and circumstance of the crime, circumstances after the crime, etc. and various sentencing conditions shown in the pleading, the sentence of the court below is proper and too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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