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(영문) 대구지방법원 2021.03.17 2020고단6425
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a pastor operating “C church”, a religious facility located in Daegu Dong-gu B.

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

On August 15, 2020, the Daegu Metropolitan City Mayor: (a) taken measures to restrict face-to-face religious events from around 00:00 on August 23, 2020 to around 24:00 on September 24, 2020 to prohibit face-to-face religious events from accessing the visitors to the Seoul Metropolitan Area and testamentary boxes; and (b) it was sent to the Defendant by text message on August 21, 2020, when it is inevitable to conduct face-to-face religious events, such as prohibiting face-to-face religious events from accessing the Seoul Metropolitan City and testamentary boxes.

Nevertheless, on August 23, 2020, the Defendant allowed 43 persons, such as D, who performed worship at the above church, to attend the above luminous conference and visit the Seoul metropolitan area. On August 26, 2020, 29 29 persons, such as D, who performed towing at the above church, were present at the above luminous meeting and visited the Seoul metropolitan area.

Accordingly, the defendant violated the prohibition of collective assembly by the Daegu Metropolitan City Mayor.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Public notice of Daegu Metropolitan City on August 23, 2020 (public notice of an administrative order following the implementation of the second phase of the socially street), notification at two levels of the socially street2, or a request for cooperation in strengthening of the prevention of epidemics on religious facilities;

8.23. Requests for recommendations for collective restrictions on religious facilities to prevent the spread of coaches and 19. The details of changes to the list of worships, the current status of access to each C church building, each list (the participants of the C church, inspectors, participants in the assembly), and transmissions.

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