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(영문) 광주지방법원 2020.10.23 2020고단3793
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the C church in the Gwangju Mine-gu, and the member of the C church.

The Gwangju Metropolitan City Mayor has continuously increased the Coinna 19 in the Gwangju metropolitan area by two levels, and the same year from July 4, 2020 to the point of view.

7. By up to 15. A public announcement was issued (No. 2020-268) to the effect that at least 50 indoors and at least 100 gatherings, meetings, events, etc. are completely prohibited.

Nevertheless, on July 8, 2020, between 19:30 on the same day and 20:30 on the same day, the Defendant proceeded with the towing of demand while gathering 198 members, such as E, from the second floor of the Cridge D.

Accordingly, the Defendant violated collective prohibition measures with at least 50 indoors of Gwangju Metropolitan City Mayor to prevent crona or 19 infectious diseases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (in-site investigation), entrance list, CCTV image output photographs, and field photographs;

1. Subparagraph 7 of Article 80 and Article 49 (1) 2 of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475, Aug. 12, 2020) concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant, despite having received an order to prohibit gathering to prevent the spread of a new type of crocco or virus, is not that of the Defendant’s crime in light of the risk of the infection of croc or virus, the importance of preventive measures, etc.

However, in full view of all favorable circumstances, such as the fact that the defendant's mistake is recognized, the risk of the defendant's crime does not actually occur, and there is no previous conviction exceeding the same kind and fine, etc., and other circumstances that form the conditions for sentencing, such as the age, character and conduct, the environment, the circumstances and result of the crime in this case, etc.

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