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(영문) 대구지방법원 김천지원 2018.01.25 2017고정555
감염병의예방및관리에관한법률위반
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

No person who conducts entertainment mainly business shall allow a person who fails to undergo a health examination for sexual infectious diseases, to engage in such business.

1. On June 23, 2017, the Defendant: (a) around 03:00 on June 23, 2017, at the “C main point in the operation of the Defendant in Kimcheon-si, Kimcheon-si (B)”, the Defendant employed entertainment visitors D and E who did not undergo a medical examination on sexual infectious diseases; and (b) allowed them to engage in entertainment entertainment by drinking alcohol with customers or by dance or singing with customers.

2. On August 23, 2017, the Defendant, at around 01:30 on August 23, 2017, engaged in entertainment entertainment business by employing entertainment receptioners F, G, and H, which did not undergo a medical examination on sexual infectious diseases, and allowing them to engage in entertainment entertainment business by drinking alcohol with customers or dancing or singing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A protocol concerning the examination of each police officer in relation to G, F, and H;

1. Application of Acts and subordinate statutes of a report on internal investigation (Attachment of field photographs), and a report on internal investigation (C main business permit)

1. Article 81 subparagraph 9 of the Infectious Disease Control and Prevention Act, and Article 45 (2) of the same Act, concerning the facts constituting an offense;

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

1. Even after the sentencing of Article 334(1) of the Criminal Procedure Act became effective one time, the punishment as ordered shall be determined by taking into account the following factors: (a) the Defendant’s character, conduct, environment and circumstances; and (b) the circumstances of sentencing, such as the circumstances of the offense.

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