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

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

Punishment of the crime

The Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu may take measures to restrict or prohibit performances, assemblies, religious rites, or other gatherings of people to prevent infectious diseases, and no person shall violate such measures.

The Mayor of Incheon Metropolitan City issued on August 18, 2020 a collective restriction order with the content that "from August 19, 2020 to suspend the operation of high-risk facilities, including 0:00 on public bars, from August 19, 2020 to 19 infectious diseases."

Nevertheless, around August 19, 2020, the Defendant engaged in the business by having access to the “C”, which is a public entertainment bar operated by the Defendant, located in Michuhol-gu Incheon, Michuhol-gu, Incheon.

Accordingly, the defendant violated the collective restriction administrative order of the Incheon Metropolitan City Mayor to prevent 19 infectious diseases.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection and request for investigation;

1. Application of Acts and subordinate statutes to aggregate 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. Under the circumstances where both the State, local governments, and public institutions and citizens are making efforts to prevent the spread of infectious diseases with respect to the global outbreak of communicable diseases with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the proposed violation of the measure that “I am fine at one time,” such as the instant crime, is likely to cause an unexpected significant result not only to the Defendant, but also to harm the safety of all.

However, considering the fact that the degree of violation of the measure of this case is relatively minor, the defendant's age, character and environment, as well as the crime committed by the defendant, including the fact that there is no other criminal history except a relatively minor one fine power.