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(영문) 서울동부지방법원 2020.12.08 2020고정943

감염병의예방및관리에관한법률위반

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a call text with the trade name “C” in Gangdong-gu Seoul Metropolitan Government.

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.

The Mayor of Seoul Special Metropolitan City issued an order to prohibit the gathering of many people to all entertainment facilities in Seoul, including entertainment bars and call architecture, from May 14, 2020 to the time of a separate order from May 14, 14, 2020 to the time of a separate order.

Nevertheless, at around 15:40 on June 13, 2020, the Defendant operated a business by providing a place to enable customers to enjoy dancing, and violated the Seoul Special Metropolitan City Mayor’s prohibition order.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Written statements of D;

1. Control note;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of the Seoul Special Metropolitan City Mayor's order for prohibition of aggregate prohibition);

1. Subparagraph 7 of Article 80 and Article 49 (1) 2 of the Infectious Disease Control and Prevention Act against the relevant criminal facts;

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;