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(영문) 의정부지방법원 2016.10.13 2016고정1506
공중위생관리법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a group of ‘D' mutually in the camp camp in Namyang-si, Namyang-si.

Any person who intends to conduct lodging business shall be equipped with the facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare and report thereon to the head of a Si/Gun

Nevertheless, from December 22, 2015 to May 3, 2016, the Defendant had 19 guest rooms in the area of 340 cubic meters, without reporting accommodation business, in the Namyang-ju, and had 19 guest rooms in the area of 340 cubic meters. The Defendant received 10,000 won per day from an unspecified large number of customers who found the above meal service center from 5,00 to 10 million won and provided them with the above facilities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against E and the accused;

1. Ministry of Government Legislation;

1. Application of Acts and subordinate statutes to a multiple-tamp and to caps;

1. Relevant Article 20 (1) 1 of the Public Health Control Act and the former part of Article 3 (1) of the same Act and the selection of fines for criminal facts;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The guest rooms installed in the instant “D” meal room (hereinafter “instant multiple-art accommodation”) are only equipped with beds and clothes inside the room, and do not constitute accommodation facilities subject to reporting under the Public Health Control Act, on the ground that no bathing facility or toilet is installed separately.

2. The following circumstances acknowledged by the court’s duly adopted and examined evidence, namely, Article 2(1)2 of the Public Health Control Act provides that “The term “or accommodation business” refers to the business of providing facilities and equipment so that customers can sleep and stay.” Article 4 subparag. 1 of the Enforcement Decree of the Public Health Control Act provides that lodging business can be locked by customers.

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