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(영문) 대전지방법원 천안지원 2013.04.11 2013고정77
공중위생관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is running a public bath business with a trade name called Seo-gu, Seoan-gu B, Seoan-gu;

1. In the case of a public bath business place that runs 24 hours’ business, even though the access by juveniles should be restricted from 22:00 to 05:00,000:

A. On November 18, 2012, after 22:00 on November 18, 2012, “B” entered the said “B” with “Juvenile C (15 years of age)” (15 years of age);

B. On or after the 22:00 of the same month, the said “B” entered the said “B” as a juvenile, and did not observe the matters to be observed by the public health business entity for the sound business order.

2. Although a person who intends to operate a business providing Internet computer game facilities is registered with the head of a Si/Gun/Gu after being equipped with the facilities specified by Ordinance of the Ministry of Culture, Sports and Tourism, he/she conducted the business of providing Internet computer game facilities without registering the business of providing Internet computer game facilities to the competent administrative agency, from August 22, 2012 to November 22, 2012, by installing eight Internet computers and providing them with an Internet computer game to many and unspecified customers and receiving 500 won for 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against C or D;

1. Application of Acts and subordinate statutes concerning photographs and business report certificates;

1. Relevant legal provisions concerning criminal facts, Articles 20 (2) 3 and 4 (7) of the Public Health Control Act, Article 45 subparagraph 2 of the Game Industry Promotion Act, and Article 26 (2) of the same Act, the selection of fines for negligence;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the total amount of the above two crimes is added to the crimes violating the Game Industry Promotion Act with heavier punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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