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(영문) 서울서부지방법원 2020.07.24 2020고단1582

감염병의예방및관리에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where a person who has contacted, or is suspected to contact, patients with an infectious disease is subject to measures of hospitalization or isolation in an appropriate place to prevent the spread of the infectious disease by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, he/she

On April 1, 2020, the Defendant entered the Republic of Korea from Ethiopia to the Republic of Korea through the Incheon Airport, and was classified as Corro or 19 infectious diseases, and was subject to measures from the head of Mapo-gu Seoul Metropolitan Government to the head of Mapo-gu for 15 days from April 15, 2020, stating that “the Defendant is isolated from Mapo-gu Seoul Metropolitan Government building B and C whose residence is the Defendant’s residence for

On April 9, 2020, the Defendant: (a) visited the “E” house located on D and 1st underground floor in Mapo-gu Seoul Metropolitan Government from around 01:24 to around 02:35 the same day on the same day; (b) later, around 02:35 on the same day, the Defendant went away from his residence to around 10:09 on the same day, and violated the measures for isolation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 10, 22, 23, 27);

1. Article 79-3 of the Infectious Disease Control and Prevention Act, subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Infectious Disease Control and Prevention Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant committed a crime with high risk of spreading viruses by visiting a public-use facility in violation of the notification of isolation by his or her coaches or viruses.

However, the defendant's time to commit a crime, and the defendant's final decision that there was no additional propagation due to the voice judgment of coaches or viruses, and the defendant's age, character and conduct, environment, and crime.