감염병의예방및관리에관한법률위반
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant operates a mutual entertainment shop in Daegu Jung-gu B and 2, namely, “Csing room”.
In order to prevent infectious diseases, the head of a Si/Gun/Gu, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to restrict or prohibit performances, assemblies, religious rites, or any other large gathering of people, and no person shall violate such measures.
On September 26, 2020, the Daegu Metropolitan City Mayor rendered a measure of prohibition of gathering from September 28, 2020 to October 24, 2020 with respect to entertainment establishments located in Daegu Metropolitan City in order to prevent the “croro or lusis -19” among the ex post facto soldiers of new infectious diseases.
Nevertheless, on September 29, 2020, the Defendant violated the prohibition of gathering by allowing customers who find their places at the above entertainment establishments to enter and sell alcoholic beverages, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Daegu Metropolitan City Notice No. 2020-271, business registration certificate, and business permission;
1. Application of statutes on field photographs;
1. Article 80 subparagraph 7 of the Infectious Disease Control and Prevention Act and Article 49 (1) of the same Act on the crime committed;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is against the Defendant’s depth, and the order of continued prohibition of gathering issued on December 2, 2020 by the middle and the third spread of the virus, which suffered enormous business losses by the Defendant and the owners of entertainment establishments, including the Defendant, shall be reduced by taking into account the fact of notification, the Defendant’s age and economic circumstances. It is so decided as per Disposition on the grounds above.