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(영문) 광주지방법원 2021.03.18 2020고단6411
감염병의예방및관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates an entertainment center in the name of "C" in the Seoul Metropolitan City North-gu B.

No one shall violate measures to restrict or prohibit performances, assemblies, religious rites, or other gatherings of people to prevent infectious diseases by the Minister of Health and Welfare, the head of a Si/Gun/Gu, or the head of a Si/Gun/Gu.

On August 16, 2020, the Defendant was issued a collective prohibition order from August 16, 2020 to August 24, 2020, to block and strengthen the reverse management of coaches or 19 local communities.

Nevertheless, on August 17, 2020, the Defendant violated the order of prohibition of gathering by the Gwangju Metropolitan City Mayor by allowing access to and use of D, E, and F from the above entertainment drinking places.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. Reporting on detection of business places violating the Infectious Disease Prevention Act;

1. The administrative order;

1. Application of statutes on site photographs;

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. Although there is a high possibility of social criticism in violation of collective prohibition orders for the prevention of infectious diseases on the grounds of sentencing under Article 62(1) of the Criminal Act, the suspension of execution of sentence as ordered shall be sentenced to a fine, taking into account the following: (a) the fact that the Defendant is not in violation of collective prohibition orders in the course of carrying out business in full scale; (b) the Defendant has no record of committing the same kind of crime; (c) the Defendant has no record of punishment heavier than a fine; and

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