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(영문) 제주지방법원 2015.09.17 2015고단872
공중위생관리법위반
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operates a different set of interests from “C” in Seopopo City B.

Anyone who intends to operate a lodging business shall be equipped with the facilities and equipment as determined by the Ordinance of the Ministry of Health and Welfare and shall report it to the competent authorities.

Nevertheless, from November 23, 2014 to April 2, 2015, the Defendant, without reporting to the competent authorities, provided three clubs, a total of 17 guest rooms with bedclothess, air conditioners, bathing rooms, etc., and provided many and unspecified persons with accommodation charges of 90,000 won per day to accommodation facilities without permission.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. Each investigation report (No. 5, 6, 7, 11, and 12 No. 5 of the evidence list);

1. Application of statutes on site photographs;

1. Relevant Article 20 (1) 1 of the Public Health Control Act and the former part of Article 3 (1) of the same Act and the selection of penalty for a crime;

1. Although a person was already punished by a fine for committing a crime of running a lodging business without reporting the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “consceptive circumstances”), it is necessary to render a sentence heavier than a fine for the Defendant who continuously runs a lodging business using the same accommodation.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant has no criminal record of the suspension of execution or heavier punishment, the fact that the defendant committed the crime, and reflects his mistake, and the age, character and conduct, environment, and motive, circumstances, etc. of the defendant's non-reported accommodation

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