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(영문) 인천지방법원 2020.11.20 2020고단8183

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 engages in door-to-door sales business in the name of “C” from Yeonsu-gu B and 3 Incheon Metropolitan City.

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 10:10 on July 20, 2020, the Defendant violated the above collective prohibition measure by collecting about 50 customers from the above “C” public relations center, and by displaying, explaining, etc. articles.

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 on-site inspection certificates, on-site photographs statutes;

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 is to prevent the spread of communicable diseases with respect to the global outbreak of communicable infectious diseases on the ground of the sentencing of Article 334(1) of the Provisional Payment Order, where both the State, local governments, and public institutions and citizens cooperate and endeavor to prevent the spread of communicable diseases, a violation of measures resulting from the idea of “I, at all, be punished,” such as the instant crime, is likely to cause an unexpected result not only by the Defendant but also by all.

In addition to these circumstances, the degree of violation of the decision and the defendant.