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(영문) 인천지방법원 2018.11.05 2018고정2102
감염병의예방및관리에관한법률위반
Text

Defendant

A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of one hundred and fifty thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates a mutual entertainment center of "D" in Michuhol-gu Incheon Metropolitan City, and Defendant B is a person who works for an entertainment center at the above entertainment center.

1. A person who operates an entertainment center for Defendant A is prohibited from engaging in the business of a person who fails to undergo a medical examination for sexually transmitted infectious diseases, but the Defendant, around June 15, 2018, had B, who did not undergo a medical examination for sexually transmitted infectious diseases at the above entertainment center, go in company with the customer, such as E, etc. who found his/her place to be engaged in entertainment.

2. Although Defendant B’s employees engaged in entertainment reception service did not undergo a medical examination for sexual infectious diseases to prevent sexually transmitted infectious diseases, Defendant B was engaged in entertainment reception service without undergoing a medical examination for sexually transmitted infectious diseases at the same time and place as paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on detection (3) and to a person (including a net eight times and a document attached thereto);

1. Defendant A of the pertinent Article of the Act on the Prevention and Control of Infectious Diseases (Amended by Act No. 15534, Mar. 27, 2018; hereinafter the same shall apply) against criminal facts: Articles 81 subparag. 9 and 45(2) of the former Infectious Disease Control and Prevention Act; Articles 80 subparag. 4 and 45(2) of the former Infectious Disease Control and Prevention Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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