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(영문) 대구지방법원 2021.02.25 2020고단4106

감염병의예방및관리에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 8, 2020, the Minister of the Ministry of Health and Welfare classified Corro or Baer stypha -19 (hereinafter referred to as “cona -19”) into class 1 infectious diseases.

Where a Class I infectious disease occurs, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may isolate a person who suffers from an infectious disease, and in order to prevent and prevent the spread of the infectious disease, he/she may isolate a person who suffers from an infectious disease in an appropriate place for a certain period, and no person who is subject to the isolation measures shall violate the isolation measures.

On February 16, 2020, the Defendant requested money from the Daegu Northern-gu Seoul Metropolitan City Mayor on February 21, 2020 to the time of subsequent notification from the Daegu Metropolitan City Mayor until February 21, 2020. On February 24, 2020, the Defendant was notified that he was subject to isolation. After being notified on March 1, 2020, the Defendant was notified that his isolation period has been extended. After being notified on March 4, 2020, the Defendant was isolated from D, belonging to the Daegu Northern-gu Seoul Metropolitan City Office until he was admitted to E on March 11, 2020. < Amended by Act No. 16148, Mar. 1, 2020; Act No. 1614, Mar. 4, 2020>

Nevertheless, on February 28, 2020, the Defendant, at the time of isolation, went away from the isolation place and opened up to G stores located in Daegu North-gu F, Daegu-gu, and violated the measures of isolation by leaving the isolation place for a total of nine times until March 8, 2020, as indicated in the list of crimes in the attached Form, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of use of postal cards, the status of management of persons subject thereto, and replies;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 80 Subparag. 7 of the Act on the Prevention and Control of Infectious Diseases (amended by Act No. 17067 of March 4, 2020) and Article 49(1)14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17067 of March 4, 202) concerning the crime

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

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