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(영문) 인천지방법원 2020.09.10 2020고단5192

감염병의예방및관리에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

In order to prevent infectious diseases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to hospitalize or isolate the infected in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

On March 23, 2020, the Defendant was suspected of entering the Republic of Korea through the Incheon Airport and having contacted with the patients with infectious diseases. On March 23, 2020, the isolation period was taken from March 23, 2020 to April 6, 2020, by a person under Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu B and C, the Defendant’s residence of the Defendant, on the ground that the head of Yeonsu-gu Incheon Metropolitan City Public Health Center entrusted the head of Yeonsu-gu, Incheon, who was responsible for the preventive measures against class 1 infectious diseases, was prevented from “conavi infection infection-19.”

Nevertheless, the Defendant, from around 03:00 on March 26, 2020 to around 03:02 on the same day, went out of the person and smoked on the second floor B in Yeonsu-gu Incheon, and from that time to April 6, 2020, the Defendant did not comply with the measures of isolation by getting out of the above residential area over 11 times in total as shown in the list of crimes in the attached Table from that point.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each criminal investigation report on a criminal suspect's telephone conversations, communication confirmation data analysis, B cctv;

1. Application of quarantine notice and individual immigration status statutes;

1. Article 80 Subparag. 7 of the Act on the Prevention and Control of Infectious Diseases (amended by Act No. 17067 of Mar. 4, 2020), Article 49(1)14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17067 of Mar. 4, 202), Articles 79-3 Subparag. 5 and 49(1)14 of the Infectious Disease Control and Prevention Act (Attached Table 10, 11 of the crime sight table, and choice of imprisonment) of the Act on the Prevention and Control of Infectious Diseases (Attached Table 1 through 9), the prosecutor indicted the instant facts charged as an inclusive crime, but each of them violates the measures of isolation.