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(영문) 광주지방법원 2020.11.19 2020고단4941

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Gwangju Metropolitan City Mayor shall From August 23, 2020 to 00:00 on August 23, 2020 for the purpose of preventing infectious diseases in coaches or 19.

9.6.24:00 issued an administrative order prohibiting gatherings to the PC.

Nevertheless, at around 18:35 on August 27, 2020, the Defendant had the Defendant play a game by using the PC installed at the seat of the customer D in the Seo-gu 1st, Seo-gu, Gwangju.

Accordingly, the defendant violated the collective prohibition administrative order of the Gwangju Metropolitan City Mayor.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Photographs of the violated scene;

1. Application of Acts and subordinate statutes to public notification of administrative measures for prohibition of gathering a PC bank ( Gwangju Metropolitan City public notification/public notification No. 2020-352);

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. The defendant's act of sentencing reasons under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is likely to be criticized because it enhances the risk of spreading infectious diseases by violating collective prohibition order.

However, the fact that the defendant has access to the PC room operated by the defendant is only one customer, and the defendant is divided by mistake, and the amount of fine shall be determined as per the order, considering the sentencing cases of the same kind of crime together.