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(영문) 서울중앙지방법원 2018.11.15 2018노2078
공중위생관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the lower court on the Defendants (a fine of KRW 10 million for each of the offenses) is too unreasonable.

2. The Defendants recognized the crime.

Although the accommodation facilities operated by the defendants are located in the relative Cleanup Zone under the School Health Act and at the same time within 50 meters from the boundary of the residential area under the Seoul Metropolitan City Urban Planning Ordinance, it seems that the defendants continued to make efforts to report accommodation business as living accommodation facilities prescribed by the Enforcement Decree of the Public Health Control

Such circumstances are favorable to the Defendants.

On the other hand, the business period is long and the scale of business is reasonable.

The defendants were punished five times for the same crime.

Such circumstances are disadvantageous to the Defendants.

In addition, in full view of Defendant B’s age, career, sex, environment, motive and background of the crime, size of profit gained by the crime, circumstances after the crime, etc., the sentence against the Defendants is appropriate and too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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