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(영문) 인천지방법원 2020.11.20 2020고단7721

감염병의예방및관리에관한법률위반

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 reports door-to-door sales business under the trade name of “C” from the Michuhol-gu Incheon, the second and third floors, and engages in door-to-door sales business.

The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to restrict or prohibit performances, assemblies, religious rites, or other gatherings of many people in order to prevent infectious diseases, and no person shall violate such measures.

On June 11, 2020, the Mayor of Incheon Metropolitan City issued a collective prohibition measure from June 11, 2020 to the date of separate cancellation for a group of door-to-door sales places located in Incheon Metropolitan City, which are gathered in the form of a public relations hall, in order to prevent the “cona virus infection-19” of the new infectious disease infection infection soldiers.

Nevertheless, around 1:30 on July 29, 2020, the Defendant collected about 40 customers in the form of the publicity hall at the Michuhol-gu Incheon, Michuhol-gu B, and the third floor C, and violated the above collective prohibition measures by explaining cosmetics and products.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of public official in charge;

1. Notice of measures for aggregate restrictions;

1. Application of Acts and subordinate statutes of a field inspection certificate, such as a public relations center;

1. Article 80 Subparag. 7 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 2020), Article 49(1)2 of the Act on the Prevention of and Control against Criminal Crimes, the selection of fines, and the selection of fines;

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

1. Where the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to prevent the spread of infectious diseases through cooperation among both public agencies, such as the State and local governments, and citizens, with regard to the occurrence of the global infectious disease caused by the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the draft “I am fine as in the instant crime,” which means that “I am fine, like the instant crime, will be fine,” is likely to cause an unexpected consequence not only by the Defendant but also by all.