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(영문) 광주지방법원 2020.12.09 2020고단4068
감염병의예방및관리에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendants are representatives of the Gwangju Northern-gu Partnership for the Development and Improvement of the C Redevelopment.

Since March 27, 2020 to April 19, 2020, the Gwangju Metropolitan City Mayor implemented a public question to the competent Gu office with the content of prohibiting assemblies, such as general meetings related to improvement projects in the Gwangju City. Accordingly, the head of the Gwangju North Korea taken measures to prohibit assemblies, such as a relevant general meeting, from March 27, 2020 to April 19, 2020, to prohibit meetings from being held by the competent Gu office, including the defendant A, the representative of the council of representatives of the C Redevelopment Improvement Project Association from March 27, 2020 to April 27, 2020.

Nevertheless, around 19:00 on April 16, 2020, the Defendants recruited more than 130 members and held an extraordinary general meeting of the said union for the resolution of the modification of the articles of incorporation of the C&D partnership in the 5th class of the 19:00 Daegu-gu Seoul Northern-gu D.

Accordingly, the Defendants conspired to prevent the cro or 19 infectious diseases, thereby violating the prohibition of collective prohibition of the head of the North Korean territory in Gwangju Metropolitan City.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Reporting on the results of business trips for special general meetings;

1. Request for prohibition of assemblies, such as a letter of initiative to call an extraordinary general meeting / notification of approval for convening an extraordinary general meeting / Request for prohibition of assemblies / prohibition of assemblies, such as respective coaches or general meetings related to maintenance projects

1. Application of Acts and subordinate statutes to evidential materials (commonly accuseds);

1. Article 80 of the Act on the Prevention and Control of Infectious Diseases (wholly amended by Act No. 17475 of Aug. 12, 2020) and Articles 80 subparagraph 7 and 49 (1) 2 of the same Act, Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendants’ criminal liability in light of the fact that the Defendants held an extraordinary general meeting of the instant association despite the Defendants received an order for collective prohibition to prevent the spread of new kinds of coaches or viruses, the risk of the infection of coaches or viruses, the importance of preventive measures, etc.

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