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(영문) 서울북부지방법원 2017.07.14 2016노2177
공중위생관리법위반
Text

The judgment of the court below is reversed.

The sentence against the accused shall be 7,000,000 won.

Defendant. A fine.

Reasons

1. Summary of grounds for appeal;

A. In a misunderstanding of the facts or misapprehension of the legal principles, the notice board operated by the Defendant does not constitute a lodging business which is a public sanitary proprietor requiring a report under the former part of Article 3(1) of the Public Sanitary Control Act, and even if the Defendant constitutes a lodging business, the Defendant filed a report in accordance with the purport of the legal provision, but was not accepted on the ground that it is a school Cleanup Zone, and thus

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding guilty of the facts charged.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

A prosecutor has requested the Defendant to amend the amendment to Bill of Indictment, which is part of the facts charged against the Defendant, “from August 29, 2015 to January 15, 2016,” which is “from August 29, 2015 to December 19, 2016.”

This court allowed changes in the bill of amendment to the indictment and became different.

B. According to the records on the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant completed the registration of the business operator who runs the business of leasing the instant building as the location of the business place, and received the certification of completion of safety facilities, etc. using the type of business as the publishing source. The fact that the defendant has prepared the instant building without providing studio services, such as bedclothes, etc. inside the building of this case, and attached a notice stating that cleaning should be done by each person.

However, under the Enforcement Decree of the Building Act, multiple living facilities are classified into “aro,” and “in the event that they are abnormal,” if the total floor area is less than 500 square meters, it is divided into “aro,” and “a lodging facility.” Of the buildings in the collective building ledger concerning the instant building, the part of 2, 3, and 10 to 15.

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