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(영문) 부산지방법원 2021.01.20 2020고단4895

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

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 persons who have suffered from infectious diseases in an appropriate place for a certain period, or take some measures necessary therefor, and no person who has received such measures shall violate such measures.

On August 31, 2020, the Defendant entered the Republic of Korea from a foreign country via Msan port, and received a quarantine notice from the Director General of the Korea Centers for Disease Control and Prevention to the effect that “the Defendant constitutes a person suspected of being infected (such as a person who is exposed to dangerous factors, such as the Corroro, sploro, sploa -19 pathogen, etc., which are Class 1 infectious diseases) who is exposed to dangerous factors such as pathogens -19, and thus, is isolated from the Busan East-gu, Busan, a person who is located in his residence from August 31, 2020 to September 14, 2020,” and around September 2, 2020, issued the same quarantine notice from the head of the Health Center in the Busan Metropolitan City, Dong-gu, Busan.

Nevertheless, on September 4, 2020, the Defendant violated the quarantine measures without justifiable grounds, such as visiting nearby food stores from around 16:28 to 16:44.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of each quarantine notice, accusation notice, and individual immigration status investigation report (exclusive public officials C and telephone communications) by Act and subordinate statutes;

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases, Articles 79-3 (5) 5 and 49 (1) 14 of the Infectious Disease Control and Prevention Act concerning the crime, and the selection of fines;

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

1. The Defendant’s crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is likely to cause citizens’ infinite efforts to prevent infections 19 at present and to prevent the spread of national disease control, and the circumstances and the nature of the crime are not somewhat weak.

However, the fact that the defendant is seriously against the defendant, the fact that he has left his residence and returned immediately, the records of the same punishment or one time.