(영문) 춘천지방법원 강릉지원 2020.01.23 2019노325

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크기(pt)

굵기

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자간(%)

(영문) 춘천지방법원 강릉지원 2020.01.23 2019노325

공중위생관리법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

In the trial of the court, the prosecutor is identical to the fifth indictment of this case.

7. Until August 14, 2019, an application for permission to amend a bill of amendment was filed by changing the term “not later than 16.0” to “not later than August 14, 2019,” and this court permitted the same and changed the subject of the adjudication, and thus,

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

【Reason of the Judgment of the court below] Summary of the facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are identical to the facts constituting a crime of the court below 2-3.

7. Along with the change of “not later than August 14, 2019” to “not later than August 14, 2019,” the summary of the evidence changed to “1. The Defendant’s legal statement” to “1. The Defendant’s legal statement” and added “1. E’s written statement” and “1. On-site photographs,” as indicated in each corresponding column of the lower judgment, such change is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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 fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the circumstances favorable to the defendant, such as the fact that the defendant committed the instant crime, committed against himself, and did not have any record of punishment exceeding the fine.

On the other hand, the defendant did not report the fact that he had been punished once for the same crime and for more than one year.

참조조문

-공중위생관리법 제3조 제1항

-공중위생관리법 제20조 제1항 제1호

유사 판례

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-대구지방법원 2013.06.28 2013노291