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(영문) 대전지방법원 천안지원 2021.02.04 2020고단2771

감염병의예방및관리에관한법률위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to keep the heart of an infectious disease hospitalized or isolated at an appropriate place for a certain period in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures.

On September 18, 2020, the Defendant was notified of the isolation measure that “the Defendant shall be isolated from the Defendant’s person from September 18, 2020 to October 12, 2020, and shall not leave or move away from the isolation place” from the Asan market on the ground that the Defendant was in contact with his nose or 19 infectious disease patients at the Defendant’s residence located in Asan-si B apartment house C and constitutes a person who suffers from an infectious disease.

Nevertheless, at around 11:15 on October 1, 2020, the Defendant went away from the above person and went to the front distance of the above apartment, thereby violating the isolation measure.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of Acts and subordinate statutes to a written accusation, a written statement, a notice of isolation, a receipt of a notice of isolation, an occurrence of a person who left without permission, and a report on the status of measures taken;

1. Subparagraph 5, Article 47 subparagraph 3, and Article 49 (1) 14 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020) against a crime under the relevant Act on the Prevention and Control of Infectious Diseases (wholly amended by Act No. 17067, Mar. 4, 202)

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

1. The reason for sentencing under Article 62(1) of the Criminal Act recognizes the defendant's mistake as substitute and reflects it, and there is no record of punishment for the same kind of crime. The defendant's age, age, sex, circumstances, environment, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing specified in the argument of this case shall be determined as ordered by taking into account.