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(영문) 의정부지방법원 2020.09.09 2020고단822
관광진흥법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to operate a tourist-use facility business shall register with competent authorities, and shall not operate a camping business without registering with competent authorities.

Nevertheless, on December 13, 2019, the Defendant, without registering with the competent authority, managed a camping site on the condition that the Defendant would receive KRW 30,000 per district by installing toilets and repair rooms with the trade name of “C” without registering with the competent authority.

Summary of Evidence

1. Application of Acts and subordinate statutes on site photographs of the defendant's legal statement D's accusation of the Namyang Jeju Market;

1. Relevant provisions for facts constituting an offense and Articles 83 (2) and 4 (1) of the Tourism Promotion Act that select a punishment;

1. Although the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, had been sentenced to the punishment of a fine for the crime of running a camping site without being registered at the same place as this case, he again committed the instant crime.

Since the defendant repeatedly commits the same crime, it is judged that it is difficult to prevent recidivism any more by fine.

However, in light of the fact that the defendant has recognized the crime of this case, the defendant's attitude to reflect on the fact that there is a family member to support the defendant, the defendant's motive and background, the method and consequence of the crime including the above circumstances, the circumstances after the crime, the age, environment, criminal record relation, etc., the punishment as ordered shall be determined in full view of all the sentencing conditions.

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