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(영문) 대전지방법원 2015.05.28 2015노94
공중위생관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court against the Defendant is too unreasonable.

2. The judgment does not repeat the same crime, such as that the defendant is a primary offender with no criminal records; that the defendant repents his/her mistake; and that the defendant has completed the business report under the Public Health Control Act and the approval for use under the Building Act; and that the defendant is a disabled person of class 4 with a delay disability, etc. in favor of the defendant.

However, the crime of this case is deemed to run accommodation business with 12 guest rooms without reporting to the competent administrative agency, and its nature is not less than 8 years since the period of operation is considerably long, and it is necessary to consider the similar cases in the region where the defendant's business was operated and the balance between sentencing is in need of consideration. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

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

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