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(영문) 제주지방법원 2019.08.09 2019고단729
공중위생관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has run a lodging business with the trade name “C” using unregistered buildings in Jeju Island.

Any person who intends to run a public health business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare and report it to the head of Si

The Defendant, without reporting accommodation business to the Jeju City Mayor from January 24, 2019 to January 26, 2019, was equipped with facilities, such as scamblings, bedclothess, and straws, in whole, in the above building, and received a promise through the Internet website D and provided the above building as a lodging house for 100,00 won per 10,000 won to E, and provided the above building as a lodging house. From June 1, 2015 to March 4, 2019, the Defendant advertised facilities, lodging charges, etc. on the above site and advertised the above building to the customers who wish to report and find it to receive accommodation charges and provide the above building as a lodging house for 31 times in total, by raising sales equivalent to 50,439,729 won.

Accordingly, the Defendant did not report public health business.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the special judicial police officer;

1. Each investigation report prepared by the Special Judicial Police Officers on each investigation (the calculation of the total sales amount of accommodation business / the verification of unregistered buildings) (the accompanying documents shall include accompanying documents, if any);

1. Statement on the accusation of a violator (non-report accommodation business) of the Public Health Control Act (including attached documents) and images (including attached documents) in preparation of the Jeju market;

1. Application of Acts and subordinate statutes to descriptions of DNA details of transactions and detailed statements of deposits transactions;

1. Article 20 (1) 1 of the Public Health Control Act and the former part of Article 3 (1) of the Public Health Control Act, comprehensively including the relevant legal provisions and the choice of punishment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is 【The scope of punishment by law】 Imprisonment with prison labor for one month from one year to one year, and 【Pronouncement of Punishment】

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