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(영문) 대전지방법원 천안지원 2021.03.25 2020고단2731

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 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 operates an entertainment center in the name of "C" in Asan City B.

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

On August 23, 2020, in order to prevent coaches or 19 infectious diseases, the Cheongnam-do governor issued a collective prohibition order with the content of prohibiting the gathering of people from 18:00 on August 23, 2020 to the time of separate cancellation.

Nevertheless, around August 31, 2020, the Defendant operated an entertainment shop in the above “C” entertainment shop by selling alcoholic beverages to customers and singing, etc., and violated the order of prohibition of gathering by the Cheong-nam Do governor.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Written statements of D;

1. A complaint, on-site photograph, and copy of a business license;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to an administrative order, etc. for prohibition of gathering), a copy of official document requesting compliance with an administrative order for prohibition of gathering facilities at high-risk facilities;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the defendant's erroneous recognition and reflection of the reasons for sentencing, the circumstances and degree of the violation of this case, and other factors such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, and other various sentencing conditions stated in the argument of this case shall be determined as ordered.