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(영문) 청주지방법원 2019.05.31 2018노690
공중위생관리법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant operated the “C pension” in YY-si B.

A person who intends to run a public health business in violation of the Public Health Control Act shall have the facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of the public health business and report thereon to the

From April 26, 2011 to July 22, 2017, the Defendant, without reporting to the competent authority, provided one, four, and four, toilets in the above pen, and provided them with facilities and equipment, such as bedclothess, cooking facilities, and daily necessities, so that people who have paid membership fees can sleep by receiving KRW 100,000,000 from many and unspecified people, and KRW 2,40,000,000,000,000, of annual fees.

(b) No person who carries on the amusement business affecting the public morals, or any person engaged in such business as prescribed by the Presidential Decree, shall have any person carry on the amusement business affecting the public morals, or mediate or provide such an act at a place which carries on the amusement

The Defendant, while running a lodging business without filing a report at the time and place specified in the preceding paragraph, created and posted public relations videos with pictures taken by setting up sexual side images. In the case of women, the Defendant recruited many unspecified men and women as members by means of exempting annual fees, etc., and allowed them to lodging in the above place along with accommodation, and allowed the lodging people, regardless of gender, to have all sexual organ exposed to them, such as dives, day-to-day bathing, water play, camping, meals, etc.

Accordingly, the defendant had obscenity act at a place where the amusement business affecting the public morals is conducted.

2. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) was found not guilty on the grounds that it is difficult to find the Defendant not guilty of having committed accommodation business for the purpose of acquiring economic benefits, that is,

However, the defendant, as the chairperson of the brine club "D", provides a pension to the club accommodation group as an operator of the brine club.

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