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(영문) 창원지방법원 진주지원 2014.01.14 2013고정655
공중위생관리법위반등
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates the Domoel located in G at the time of Jinnam-si.

1. Although a person who succeeds to the status of a public health business entity in violation of the Public Health Control Act has filed a report with the competent authority within one month, the Defendant did not file a report on the succession to the status of a public health business entity until March 25, 2013, even though he/she succeeded to the status of the said business entity from E around April 6, 2012.

2. On March 25, 2013, from around 03:50 to October 04:10, the Defendant violated the Juvenile Protection Act: (a) received accommodation charge of F (ma, 16 years of age) and G (n, 18 years of age) as a juvenile from around 03:50 to around 04:10; (b) received accommodation charge of KRW 35,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness G's statutory statement;

1. Relevant legal provisions concerning facts constituting an offense, Articles 20 (2) 2 and 3-2 (4) of the Public Health Control Act (the occupation of neglecting to report succession to status), Article 58 subparagraph 5 of the Juvenile Protection Act and subparagraph 8 of Article 30 of the Juvenile Protection Act (the occupation of each fine), the selection of punishment, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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