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(영문) 춘천지방법원 2016.11.24 2016고단903
공중위생관리법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

A person who intends to run a public health business including a lodging business shall file a business report with the head of a Si/Gun/Gu pursuant to Article 3 (1) of the Public Health Control Act.

Nevertheless, the Defendant did not report the business to the Chuncheon City Mayor and operated the accommodation business from May 2015 to August 19, 2016 at the Dpande in Switzerland-si, Chuncheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary statement of E;

1. The application of the Acts and subordinate statutes to building ledgers, photographs, and current status of buildings;

1. Article 20 (1) 1 and Article 3 subparagraph 1 of the Public Health Control Act, the selection of applicable criminal facts, the selection of punishment, and the selection of imprisonment with labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has no criminal history except for the criminal record of the crime of violating the Public Health Control Act, the defendant appears to have purchased a penture with knowledge of the fact that the defendant cannot report accommodation business, and the defendant filed a request for purchase of a Do pension with the Han River basin Environmental Office during the trial.

However, even though the defendant had had been punished twice by a fine due to the operation of Dents, he/she continues to operate the lodging business without reporting even though he/she had been punished by a fine. Dents are the circumstances unfavorable to the defendant that the area of Dents is about 50 square meters and the number of guest rooms is about 12, and that the profits from the business without reporting are significant.

In addition, comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the sentencing conditions specified in the arguments in this case shall be determined as ordered.

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