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(영문) 서울서부지방법원 2020.08.12 2020고단1539

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 Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures, such as hospitalized or isolation persons suspected of being infected by the pathogen of an infectious disease in an appropriate place for a fixed period, in order to prevent the spread of the infectious disease, and no person shall violate such measures.

Around March 26, 2020, the Defendant received a telephone call call from a public official in charge of a water zone public health clinic around March 27, 2020 to April 9, 2020, that the Defendant shall be isolated from the Defendant’s residence of Yongsan-gu Seoul Metropolitan Government B apartment C from March 27, 2020, and received a notice of isolation from the head of Yongsan-gu Seoul Metropolitan Government public health clinic on March 28, 2020.

Nevertheless, on March 31, 2020, the Defendant moved to a Do newsletter to send a friendly Gu that visited the above domicile to the “D Station” located near the above residence. On April 2, 2020, the Defendant visited the convenience point near the above domicile at around 01:19, and violated the measures of isolation on two occasions in total.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (in relation to the movement of a suspect to a place of isolation), investigation report (verification of entry or departure of a suspect), investigation report (examination of CCTV data), details of receipt of notice of isolation by a person, and application of the statutes governing in-house isolation;

1. Prior to the amendment by Act No. 17067 of March 4, 2020, by Article 2 of the Act on the Prevention of Communicable Diseases and Prevention of Punishment for Criminal Crimes and the Act on the Prevention of Communicable Diseases through

(b) Subparagraph 7 of Article 80, and subparagraph 3 of Article 47 (Selection of Fine);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the present situation due to the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the measures of isolation to prevent infectious diseases shall be taken in order to prevent infectious diseases.