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(영문) 광주지방법원 2021.02.18 2020고단6442

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 head of a Si/Gun/Gu shall take measures to ensure that a person who suffers from an infectious disease is hospitalized or isolated at an appropriate place for a fixed period in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and the said person shall not violate isolation measures.

On November 10, 2020, the Defendant was notified of the fact-finding that “from November 9, 2020 to November 21, 2020, the Defendant would be isolated from the Defendant’s residential area in the South west-gun apartment B and C, the Defendant’s residential area, from November 21, 2020 to November 20, 202.”

However, on November 14, 2020, from around 16:00 to 18:50 on the same day, the Defendant, without justifiable grounds, visited both two rocks parks in Gwangju Mine-gu in order to return his car, thereby violating quarantine measures by leaving his residence, which is the place of the quarantine designation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A report on investigation (a copy of the quarantine notice by the suspect);

1. Reporting on the occurrence of a deserting person and the status of measures;

1. Application of Acts and subordinate statutes reporting the results of a business trip for inspection by a person who is isolated from coaches or 19 persons;

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases and Articles 79-3 (Selection of Punishment) 5 and 47 (Selection of Punishment) of the Act on the Prevention of Contagious Diseases and Prevention of Punishment for Crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the defendant's act in the provisional payment order is not highly likely to cause the danger of spreading infectious diseases. However, considering the fact that there are some circumstances to consider the defendant's violation of isolation measures, the defendant was not a person closely contacted with the defendant, which led to the defendant's violation of isolation measures, and the risk was not realized after being judged by the voice judgment, the defendant did not have any criminal record, and the defendant is divided by mistake, the defendant shall be punished by a fine.

The amount of the fine is the above factors of sentencing.