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(영문) 서울동부지방법원 2016.11.29 2016고정1791
공중위생관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a beauty and art establishment in the name of “C” on the first floor of Gangdong-gu Seoul Metropolitan Government.

Any person who intends to engage in beauty art business shall install the facilities and equipment prescribed by relevant Acts and subordinate statutes and report it to the competent authority, and no person who has not obtained a beauty artist's license shall open a beauty art business or engage in such business.

Nevertheless, the Defendant, without filing a report on beauty art business with the competent authority, provided three beauty art business facilities with an area of approximately nine minutes from April 18, 2016 to July 8, 2016, including one high-frequency machine, and operated beauty art business activities by raising an average of KRW 1.5 million on a monthly basis to many unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A written accusation;

1. Application of Acts and subordinate statutes on site photographs of business places;

1. Relevant Article of the relevant Act on criminal facts, Articles 20 (1) 1, 3 (1) of the Public Health Control Act (unreported point of business, selection of fines), Articles 20 (3) 2 and 8 (1) of the Public Health Control Act (a point of business without a license) of the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of aggregated of the maximum amount);

1. Articles 70 (1) 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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