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(영문) 대구지방법원서부지원 2020.11.27 2020고단1362

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 to place persons suspected of being infected by the pathogen of an infectious disease in an appropriate place for a certain period in order to prevent the infectious disease and prevent the spread of the infectious disease, and no person shall comply with such measures.

Around February 25, 2020, the Defendant was judged to have been able to “crovir infection-19” by his wife residing together with the Defendant. On the grounds that the period of isolation was from February 25, 2020 to March 25, 2020, and the place of isolation was taken by a person who is under the name of the Defendant, Daegu-gu building B or C, the Defendant’s residence, and a person who is under the name of the Defendant, was subject to isolation measures.

그럼에도 불구하고, 피고인은 2020. 3. 13. 05:00경부터 12:00경까지 자가를 벗어나 경북 성주군 소재 성주대교까지 바람을 쐬기 위해 외출하여 위와 같은 자가격리 조치에 따르지 아니하였다.

Summary of Evidence

1. Court, statement, and public official statement of the accused;

1. Application of Acts and subordinate statutes to a criminal investigation report (12 reporting statement attached to processing cases), investigation report (to hear telephone statements related to receipt of notice of isolation by a suspect);

1. Subparagraph 7 of Article 80 and subparagraph 3 of Article 47 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17067 of March 4, 2020) on criminal facts

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;