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(영문) 서울중앙지방법원 2020.12.22. 선고 2020고단6479 판결
감염병의예방및관리에관한법률위반
Cases

200 Highest 6479, 2020 Highest 7624(combined)

Violation of the Infectious Disease Control and Prevention Act;

Defendant

A

Prosecutor

He/she shall have jurisdiction over the course of study, stay in court (each indictment), and courtroom (public trial)

Imposition of Judgment

December 22, 2020

Text

Defendant shall be punished by a fine not exceeding 1,500,000,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

"200 Highest 6479"

The defendant is a person who operates "Ccoman bank" on the first floor B in Gwanak-gu in Seoul Special Metropolitan City. The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures such as restricting or prohibiting performances, assemblies, religious rites, or other gatherings of many people to prevent infectious diseases, and no person shall violate such measures.

On May 27, 2020 and June 3, 2020 on June 3, 2020, the Defendant violated the order of prohibition of collective gathering, such as allowing visitors to enter the above business establishment and conduct business, even though the Defendant was notified of the order of prohibition of collective gathering in the name of the Seoul Special Metropolitan City Mayor that he will suspend the business of the above business establishment from the above business establishment to the date of separate order.

20 Highest 7624

The defendant is a person who operates "Ccoman bank" on the first floor B in Gwanak-gu in Seoul Special Metropolitan City. The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures such as restricting or prohibiting performances, assemblies, religious rites, or other gatherings of many people to prevent infectious diseases, and no person shall violate such measures.

1. A violation of an order for prohibition of gathering on May 22, 2020

On May 2, 2020, the Defendant was notified of the Seoul Special Metropolitan City Mayor that he will suspend the business of the said business establishment from the day on which he was ordered to do so until the day on which he was ordered to do so, but the Defendant violated the order of prohibition of gathering by entering the said business establishment on June 25, 2020, around 22:10, around June 25, 2020, around 20:30, around June 26, 206, and around 19:00 on July 19, 200.

2. A violation of an order for prohibition of gathering on August 19, 2020

On August 19, 2020, the Defendant received an order for prohibition of gathering in the name of the Seoul Special Metropolitan City Mayor to suspend the business of the said business establishment from the said business establishment to the time of separate order. However, on August 19, 2020, the Defendant violated the order for prohibition of gathering by accessing customers at the said business establishment around 17:00.

Summary of Evidence

2020 Highest 6479,

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Reporting on detection, photographs and notice of prohibition of gathering: 200 high group 7624);

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. A written accusation, a written statement, field photograph, a report on detection, a manual for control, and a manual for prohibition of gathering;

Application of Statutes

1. Article applicable to criminal facts;

Article 80 Subparag. 7 of the Infectious Disease Control and Prevention Act and Article 49(1)2 of the Infectious Disease Control and Prevention Act.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges

Judge Choi Chang-soo

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