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(영문) 광주지방법원 2021.01.26 2020고단6462
감염병의예방및관리에관한법률위반
Text

Defendant

A A shall be punished by a fine for negligence of KRW 2,00,00, KRW 300,00, KRW 300,000, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

[Relationship to the Defendants] Defendant A is a person operating the GPC room on the Seo-gu F and 1st, Seo-gu, Gwangju, and Defendant B is the ship of Defendant A, and Defendant C, D, and E are customers who found the above PC room.

[ criminal facts] No person shall violate measures to restrict or prohibit performances, assemblies, religious rites, or other gatherings of people to prevent infectious diseases by the head of a Si/Gun/Gu, the Mayor/Do governor, or the head of a Si/Gun/Gu.

On August 23, 2020, the Gwangju Metropolitan City Mayor shall start from August 23, 2020 to block the propagation of local communities of 19 infectious diseases and to strengthen the reverse control of the prevention thereof.

9.6.24:00 issued an administrative order prohibiting gatherings to the PC room.

Defendant A, at around 22:00 on August 30, 2020, entered Defendant B, C, D, and E in the above PC room, and Defendant D and E had Defendant D and E play games in the above PC room.

Defendant

D. E entered the above PC room at the time of the above day, and Defendant B and C entered the above PC room at the time of the above day.

Accordingly, the Defendants violated the collective prohibition administrative order of the Gwangju Metropolitan City Mayor for the prevention of 19 infectious diseases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on detection of any violation of the Infectious Disease Control and Prevention Act;

1. Public notification of administrative measures prohibited from gathering the PC;

1. 112 A list of reported cases;

1. Application of statutes on field photographs;

1. The Defendants of the relevant criminal facts: Article 80 Subparag. 7 and Article 49(1)2 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17491 of Sept. 29, 2020)

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: (a) Defendant A is the business owner operating the PC for the reason of sentencing Article 334(1) of the Criminal Procedure Act, and is the most responsible for the instant crime; (b) the amount of fine is determined in consideration of the nature of the relevant crime and the scale of the instant business; and (c) Defendant B, C, D, and E are the persons visiting the PC.

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