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(영문) 서울중앙지방법원 2018.07.12 2018노965
공중위생관리법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence imposed by the lower court on the Defendants (a fine of three million won for Defendant A, and a fine of five million won for Defendant B) is too uneased and unreasonable.

2. In light of the fact that the period for which the Defendants did not operate a non-reported accommodation is shorter than the period, and the number of guest rooms is not much, the criminal liability is heavy.

Defendant A was sentenced to a fine once for the same crime, and Defendant B was sentenced to three times of a fine, and in particular, Defendant B is likely to be subject to criticism by continuing to commit a crime even during the investigation.

Such circumstances are disadvantageous to the Defendants.

However, the Defendants are in depth against all criminal acts.

The Defendants seem to suspend the unreported accommodation business at present.

There is no particular criminal punishment for the Defendants except for the same kind of criminal record as above.

Such circumstances are favorable to the Defendants.

In addition, in consideration of the Defendants’ age, career, sex, environment, family relationship, social relation, motive and background of a crime, degree of benefit gained from a crime, means and consequence thereof, circumstances after a crime, etc., the sentence imposed by the lower court against the Defendants was made within the scope of the court’s discretion for sentencing, and thus, is so excessive that it is unreasonable to avoid reversal.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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