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(영문) 대구지방법원 포항지원 2019.01.24 2018고단1368
공중위생관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to run a public health business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare and report it to the head of Si

Nevertheless, the Defendant did not report to the mayor of the port, from December 2, 2014 to May 29, 2018, installed 10 guest rooms on the 3rd floor located in the north-gu Office of Port B (the total floor area of 679.36 square meters), installed 10 guest rooms at each guest room, equipped with bedclothess, TV, cooking utensils, etc., and operated accommodation business under the trade name of "C," from among the unspecified number of customers suffering from the said place to receive a fare of 80,000 to 30,000 won per day.

Accordingly, the defendant did not report to the competent authorities and run accommodation business for public health business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of the Acts and subordinate statutes to related photographs, ordinary building ledgers, and outputs on Internet homepage;

1. Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act concerning the relevant criminal facts;

1. Selection of imprisonment with prison labor as a matter of choice (such as the fact that the business period and the size are considerable, and that the accused is faced with poor economic conditions, suffers a burden on the property type);

1. Article 62(1) of the Criminal Act on the stay of execution (which may be considered in light of the circumstances leading to the commission of a crime) (see, e.g., Article 62(1) of the Criminal Act (see, e., Article 62(1)); Article 62(2));

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