2021 Highest 854 Violation of the Infectious Disease Control and Prevention Act

1. A (92-1)

2. B (91-1)

3. C (91-2)

4. D (91-1)

5. E (92-2)

6. F (93-1).

7. G (89-1).

8. H (92-2)

9. I (92-1)

10. J (95-1)

Kim Nam-dong (prosecution), Yang-dong (Trial)

April 27, 2021

Defendant A shall be punished by a fine of KRW 2 million, each of whom shall be punished by a fine of KRW 1 million.00,000,000.

If the Defendants did not pay each of the above fines, the Defendants shall be confined in the Labor House for the period of 10,000 won converted into one day.

An order to pay an amount equivalent to each of the above fines shall be issued.

Criminal facts

The head of a disease control agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to restrict or prohibit performances, assemblies, religious rites, or other large gatherings of people in order to prevent infectious diseases, and no person shall violate such measures.

Defendants were notified by the Mayor of Incheon Metropolitan City from 00:0 on December 23, 2020 to 24:00 on January 3, 2021, the Defendants held a new meeting by gathering food and alcohol in the Defendant A’s residence located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and holding a new meeting on January 22, 2021.

As a result, the Defendants conspired to violate collective prohibition measures.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation, a notice of the issuance of an administrative measure prohibiting the gathering of at least five private groups in Incheon Metropolitan City, an administrative measure prohibiting gathering of at least five private groups in each Incheon Metropolitan City (such as a policy, etc.), a report on detection of violation of the prohibition of gathering, and on-site photographs

Application of Statutes

1. Article applicable to criminal facts;

Articles 80 subparag. 7 and 49(1)2 of the Infectious Disease Control and Prevention Act, Article 30 of the Criminal Act

1. Detention in a workhouse;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The act of violating collective restriction measures for the prevention of 19 infectious diseases is likely to place a large risk to our society and local communities, and it is necessary to strictly punish the efforts and sacrifice of the people who are currently in progress to prevent the spread of communicable diseases.

However, considering the fact that the Defendants recognized their mistakes and against themselves, the risk of the Defendants’ violations is not realized, and other factors of sentencing, such as the Defendants’ age, character and conduct, environment, motive for the commission of the crime and circumstances after the commission of the crime, the punishment like the order shall be determined by comprehensively taking account of the following factors.

Judges Hwang Sung-sung