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(영문) 춘천지방법원 속초지원 2018.01.31 2017고단303
청소년보호법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 26, 2016, the Defendant was issued a summary order of KRW 1 million due to a violation of the Public Sanitation Control Act in the early branch of the Chuncheon District Court on December 26, 2016.

1. No person who violates the Juvenile Protection Act shall engage in any business activities disturbing public morals, such as having juveniles lodge together on the grounds of gender;

Nevertheless, the Defendant, on April 28, 2017, 03:00, ctel 317, operated as a lodging establishment by the Defendant, was in combination with D(W, 15 years old), E(18 years old), F(21 years old), and G(20 years old), which was operated by the Defendant as a lodging establishment, so that the Defendant was incongested with both men and women.

2. Any person who intends to conduct public sanitary business in violation of the Public Health Control Act shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry for Health and Welfare for each type of public sanitary business, and shall report it to the competent authority;

Nevertheless, on April 28, 2017, the Defendant, without reporting to the competent authorities, received accommodation charges of KRW 50,000 from D and three other guests, and provided accommodation without filing a report. In addition, the Defendant, as indicated in the list of crimes in the attached Table, filed a non-report accommodation business on 30 occasions from June 21, 2015 to June 18, 2017, without filing a report with the competent authorities, on 30 occasions by receiving KRW 35,00 to KRW 180,00,00 for accommodation charges on 1 night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H prepared;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to copies of photographs and text messages;

1. Article 58 Subparag. 5 of the relevant Act and Article 30 Subparag. 8 of the Juvenile Protection Act, Article 20(1)1 and Article 3(1) of the Public Health Control Act, the selection of imprisonment for a crime, as well as the selection of a criminal sentence;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant recognized all of the instant cases and reflects it, and the defendant is an unreported accommodation business.

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