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A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The Defendant is a person who operates a singing practice hall with the trade name “C” on the first basement B in Gangnam-gu Seoul Metropolitan Government.
1. No sing practice businessman who violates the Music Industry Promotion Act shall sell or provide alcoholic beverages at a singing practice place;
Nevertheless, on August 21, 2020, from around 02:30 to around 03:53 of the same day, the Defendant provided two customers, who found their places at the above “C” 3, with alcoholic beverages such as liquor, etc., by receiving an irregular price, and selling and providing them.
2. No person who violates the Infectious Disease Control and Prevention Act shall engage in entertainment, assembly, religious rites, or other measures to prevent infectious diseases by the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu, in violation of any restriction or prohibition on gathering of many people;
In accordance with Article 49 (1) (2) of the Infectious Disease Control and Prevention Act, the Seoul Metropolitan Government issued an order of prohibition on gathering of 12 high-risk facilities including singing practice centers in Seoul, from August 19, 2020 to the time of separate cancellation, due to the possibility of the outbreak of co-ro or 19 group infection.
Nevertheless, the defendant violated the collective prohibition order by doing business by allowing visitors who visited the place at the time and place mentioned in the above 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of D: A statement of accusation, related documents, and photographs related to the issuance of the Seoul Metropolitan Government "as a result of the strengthening of measures to prevent high-risk facilities in the Seoul Metropolitan Government (the order to prohibit gathering of high-risk facilities)"
1. Application of the statutes governing photographs at the time of crackdown;
1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales offer of alcoholic beverages, a choice of imprisonment with labor), Article 80 subparagraph 7 of the Infectious Disease Control and Prevention Act, and Article 49 (1) 2 (a violation of an order to prohibit gathering) of the Act on the Prevention and Control of Infectious Diseases;
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;
1. Article 70 of the Criminal Act to attract a workhouse.