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(영문) 광주지방법원 2020.12.10 2020고단3856 (1)
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B is an operator of the “D club” on the 10th floor of the Seo-gu Seoul Building, and the Defendant was a person who rented the above club from B to hold the “E”.

Since July 4, 2020 to July 29, 2020, the Gwangju Metropolitan City Mayor issued an administrative order to prohibit collective use facilities, such as entertainment establishments in Gwangju Metropolitan City from indoor 50 persons or more, and to prohibit grouping of at least 100 persons outside the room, meeting, and event.

Nevertheless, around July 18, 2020, the Defendant paid KRW 1.5 million to B, and proposed that he hold a sports club in consideration of the above D’s “D”, and that B accepted it and the Defendant rented the said D’s club.

In addition, the Defendant promoted ‘E' through SNS, such as Sone Star Program, through F, which was known to the general public. From July 18, 2020 to July 17, 2020, the Defendant held a strike in which the consideration factors, etc. were present at the above D D D D D D D D D, and had not less than 50 unspecified persons, foreigners attended, sold alcohol and alcohol to them, and provided places for dancing.

Accordingly, the Defendant, in collusion with B, violated the order of prohibition of collective prohibition by Gwangju Metropolitan City Mayor to prevent crona 19 infectious diseases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the F and G of each police suspect examination report, photographs of the police suspect examination report, business registration certificate, reports on internal investigation report (in relation to the advertisement of the suspect's own household program), internal investigation report (in accordance with the verification of the number of customers confirmed by photographs taken at the time the D club is controlled), and the application of internal investigation report (related to the verification of the number of visitors who enter the D club), etc.;

1. Subparagraph 7 of Article 80 and Article 49(1)2 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 2020), Article 30 of the Criminal Act on criminal facts.

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