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(영문) 광주지방법원 2021.01.28 2020고단5734
감염병의예방및관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a party hall in the name of "C" from Gwangju Northern-gu B and 3.

The Gwangju Metropolitan City Mayor took measures to prohibit gathering of indoor sports facilities, etc. with high risk of mass infection in the Gwangju Metropolitan City from September 10, 2020 to September 20, 2020, under the title of "public notice of administrative orders equivalent to the three stages of social distance base," as the coaches or 19 viruss are replaced by class 1 infectious diseases, and the Gwangju Metropolitan City Mayor took measures to prohibit gathering of indoor sports facilities, etc.

Nevertheless, on September 12, 2020, the defendant collected three customers from the above party room on September 12, 2020, and caused them to face.

Accordingly, the defendant violated the prohibition of gathering by the Gwangju Metropolitan City Mayor for the prevention of 19 infectious diseases.

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused's statutory statement to detect and report the detection of business places violating the Infectious Disease Control and Prevention Act, public notice of administrative orders, and collective prohibition orders;

1. Subparagraph 7 of Article 80 and Article 49 (1) 2 of the Infectious Disease Control and Prevention Act against a crime under the relevant Act;

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

1. In full view of the criminal records of the Defendant, the criminal records of the instant crime, the nature and risk of the instant crime, the circumstances leading up to the instant crime, the family relationship, the health condition of the Defendant, and the possibility of re-offending of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the Disposition above is determined.

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