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(영문) 수원지방법원 안산지원 2021.02.26 2020고단4591
감염병의예방및관리에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million and by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates a "D Sing practice hall" on the fifth floor at Sistitu City C and 5.

No one shall violate measures to restrict or prohibit performances, assemblies, religious rites, or other gatherings of people to prevent infectious diseases by the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu.

On August 19, 2020, the Minister of the Ministry of Health and Welfare, from around 00:00 to the time of separate cancellation, implemented two stages of reinforced social distance range 2 to prevent croca or 19 infectious diseases in Seoul, Gyeonggi-do, and Incheon, and ordered the prohibition of gathering to singing practice halls, etc.

Nevertheless, at around 15:00 on September 12, 2020, Defendant A and his behaviors enter the above singing practice place at the request of Defendant B, and Defendant B conspired with the above singing practice place to enter the above singing practice place, and Defendant B violated the orders of prohibition of gathering by the director of the health and welfare division.

Summary of Evidence

1. Defendants’ legal statement

1. To investigate and report non-compliance with each police suspect interrogation protocol against E, F, G, and H in violation of the Infectious Disease Control and Prevention Act (D Sing practice room), the control of and the process leading up to the detection of the charge, and any non-compliance with each police suspect interrogation protocol;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a public announcement of an investigation report (a statement of an accused public official), a criminal investigation report (a public announcement of a collective prohibition order), and a collective prohibition order;

1. Article 80 Subparag. 7 and Article 49(1)2 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17491, Sept. 29, 2020); Article 30 of the Criminal Act concerning the crime

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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