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(영문) 광주지방법원 2021.03.11 2020고정1025
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the Seo-gu-gu B and the 1st floor “C” PC.

The Minister of Health and Welfare, the head of a Si/Gun/Gu, the 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 gathering of people in order to prevent infectious diseases, and no person shall commit any act in violation of the above measures.

On August 23, 2020, the Defendant issued an order to prohibit gathering of PCs from around 00:00 to September 24:00 on the same day to prevent coaches or 19 infectious diseases.

Nevertheless, on September 1, 2020 to 23:30, the Defendant sold 50,000 won of coophones to D, a customer who found his location in the above PC, and had D, a customer, who was installed in the above PC, run a game using a computer installed therein, and operated a game with his nameless customers, and operated a game by allowing them to use the computer at the same place, and violated the order of prohibition of gathering by the Gwangju Metropolitan City Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect in relation to D or E (second time);

1. The screen by capturing a CCTV image;

1. Application of Acts and subordinate statutes publicly notifying administrative measures prohibited from gathering the PC;

1. Subparagraph 7 of Article 80 and Article 49 (1) 2 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17491, Sep. 29, 2020) on the crime

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an act of enhancing the risk of spreading infections in violation of the collective prohibition administrative order in the context of a disaster caused by marro or scala -19.

However, the fact that the defendant recognized his mistake and reflects, the number of people gathered in the PC is not many, and the violation of this case is not spread -19.

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