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(영문) 광주지방법원 2021.03.09 2020고단6462 (1)
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

【Relationship between the Defendants】 A is a person operating a “DPC room” in Seo-gu, Seo-gu, Gwangju, and the Defendant is a customer who found the above PC room as the relative of B.

No person who commits an offense shall violate measures to restrict or prohibit performances, assemblies, religious rites, or other large gatherings of people to prevent infectious diseases by the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu.

On August 23, 2020, the Gwangju Metropolitan City Mayor shall start from August 23, 2020 to block the propagation of local communities of 19 infectious diseases and to strengthen the reverse control of the prevention thereof.

9.6.24:00 issued an administrative order prohibiting gatherings to the PC room.

Nevertheless, on August 30, 2020, the Defendant entered the above PC room around 22:00.

Accordingly, the Defendant violated the measures of collective prohibition administrative order by the Gwangju Metropolitan City Mayor for the prevention of 19 infectious diseases.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of the Infectious Disease Control and Prevention Act;

1. Public notification of administrative measures prohibited from gathering the PC;

1. 112 A list of reported cases;

1. Application of statutes on field photographs;

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’s act of sentencing Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order is likely to criticize the risk of spreading infectious diseases by violating collective prohibition order.

However, the records and arguments of this case are as follows: (a) the defendant's mistake is recognized; (b) the balance of the punishment with other co-defendants charged together; and (c) the sentencing case of the same kind of crime; and (d) the age, sex, occupation and environment of the defendant; (b) motive and circumstance leading to the crime of this case; and (c) circumstances after the crime.

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