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(영문) 인천지방법원 2021.02.09 2020고단10914
감염병의예방및관리에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

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.

In order to prevent coaches or 19 infectious diseases, the Mayor of Incheon Metropolitan City issued a collective restriction order with the content that "it is possible to conduct regular business for general restaurants, etc. from September 7, 2020 to September 24:00 until September 13, 2020, and only to permit the packaging and delivery of food, etc." from September 7, 2020 to September 24:00, and from September 21, 2020 to 05 of the following day.

Nevertheless, on September 8, 2020, the Defendant operated a business by having five customers with no name, enter the place of business, selling alcohol and food, etc. in the “C” general restaurant operated by the Defendant on September 22 and 40, 2020.

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. A written statement;

1. A written accusation;

1. Reporting on detection, detection photographs, and notification (C cafeterias) of establishments violating the Infectious Disease Control and Prevention Act and subordinate statutes;

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases, Articles 80 and 49 (1) 2 of the Infectious Disease Control and Prevention Act concerning the crime, and the selection of fines;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a violation of the Defendant’s order of collective prohibition to prevent the spread of a new type cos or virus infectious disease. In light of the social ties caused by the spread of the above infectious disease, the importance of observing the regulations on the control of epidemics for the prevention thereof, and the risk of the spread of infectious diseases that may cause neglect of obligations for the prevention of epidemics, such as this case, the Defendant’s liability for the crime of this case is minor.

It is difficult to see it.

However, the defendant's mistake is recognized.

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