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(영문) 울산지방법원 2021.4.28. 선고 2020고단5429 판결

감염병의예방및관리에관한법률위반

Cases

20 Highest 5429 Violation of the Infectious Disease Control and Prevention Act

Defendant

A, 1971 Lifes, Fuss and Insurance Solicitors

Residence

Reference domicile

Prosecutor

Kim Jong-young (prosecutions) and Lee Jong-young (Trial)

Imposition of Judgment

April 28, 2021

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to prevent infectious diseases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to place persons suspected of infectious diseases in an appropriate place for a certain period

The Defendant was classified as the contact point of Ulsan Metropolitan City, Ulsan Metropolitan City, on August 30, 2020, and was notified from August 30, 2020 to September 11, 2020 by the head of Ulsan Metropolitan City, Ulsan Metropolitan City, that a person who is obligated to isolate under subparagraph C of the Defendant’s residence from August 30, 202 to September 12, 200.

Nevertheless, at around 09:30 on September 9, 2020, the Defendant went away from his residence after having been contacted by D, a neighboring resident, and confirmed that the Defendant was landed on the first floor parking lot of the above apartment. On the same day, at around 10:30 on the same day, the Defendant returned the above parking lot again to the insurance company's employees and violated the isolation measures twice in total.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Each Infectious Disease Control and Prevention Act (Amended by Act No. 17472, Aug. 11, 2020); Articles 79-3 subparag. 5 and 49(1)14 of the Infectious Disease Control and Prevention Act; selection of fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

A punishment shall be determined as ordered, taking into account the following circumstances: (a) some of the circumstances to be considered in the course of the crime; (b) the distance of the escape and the hours of the escape are shorter; (c) the Defendant wearing a Make even at the time of the instant violation; (d) the Defendant was determined by the voice judgment of Crona 19 virus; and (e) Crona 19 virus was not actually disseminated due to the instant crime; and (e) other factors such as the Defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the crime; and (e)

Judges

Judges Kim Jong-chul