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(영문) 의정부지방법원 2018.09.06 2018고정1083
공중위생관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Any person who intends to conduct a public sanitary business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall report it to the head of the competent administrative agency.

Nevertheless, from February 1, 2018 to June 23, 2018, the Defendant, without reporting to the competent authorities, provided ten guest rooms with the trade name of Gyeonggi-gun B and C, and provided them with accommodation expenses of KRW 50,000 to an unspecified number of customers, and provided them with public hygiene services.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 20 (1) 1 and Article 32 (1) of the Public Health Control Act and Article 32 of the same Act concerning facts constituting a crime, the choice of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant who committed a crime, and the fact that the defendant is in physical disability three.

However, since the Defendant had been punished by a fine on December 2016 and January 2018, the Defendant’s criminal liability is not somewhat complicated in light of the fact that he/she continues to engage in an unreported accommodation business even though he/she had been punished by a fine on around December 2016 and on January 2018.

Other punishment shall be determined by comprehensively considering the age, sex, environment, etc. of the accused.

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