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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates accommodation business with the trade name of “E hotel” on the 14th floor, 15th floor, and 22th floor of Seodaemun-gu Seoul Metropolitan Government.
When intending to conduct a public sanitary business which is a lodging business, it 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 be reported to the head of the Si/Gun
On August 11, 2016, the Defendant, without filing a report from around September 9, 2016 to around September 9, 2016, operated an additional guest room on the 11th (18 guest rooms) and 13th (17 guest rooms) of the above building, and received accommodation charges of an amount of 80,000 won per day.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on detection, details of accommodation, and application of a copy of the summary order to statutes;
1. Relevant Article 20 (1) 1 and the former part of Article 3 (1) of the Public Health Control Act and the selection of imprisonment with labor for a crime;
1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant had already received a summary order with respect to the same criminal act, but again committed the instant crime, and the size of accommodation business operated by the Defendant is relatively large. However, the Defendant’s liability is not mitigated. However, considering the following circumstances, the Defendant’s confession of the instant crime, the Defendant did not have any record of punishment exceeding the fine, and the Defendant’s age, sex behavior, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., the sentence as set forth in the Disposition shall be determined by taking into account the following circumstances: (a) the Defendant’s confession of the instant crime; and (b)