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(영문) 서울동부지방법원 2020.09.09 2020고단2080

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 8, 2020, the Minister of Health and Welfare classified the Cropia infection-19 (hereinafter referred to as “Cona 19”) as Class I infectious diseases.

Where a communicable disease of Class I occurs, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may isolate a person infected by an infectious disease in quarantine, and isolate the person infected by an infectious disease in an appropriate place for a certain period to prevent and prevent the spread of the communicable disease, and no person who

On April 20, 2020, the Defendant: (a) was notified by the head of Songpa-gu Seoul Metropolitan Government on April 23, 2020 to be isolated from the head of Songpa-gu Seoul Building C, the Defendant’s domicile from April 23, 2020 to May 4, 2020, as a person who visited Lee Maro-ro, 19, located in Songpa-gu Seoul Metropolitan Government, to be a person who is a victim of an infectious disease in cona 19; and (b) on April 23, 2020, the Defendant was notified of isolation from

Nevertheless, at around 11:40 on April 24, 2020, the Defendant violated isolation measures by visiting a golf course located in D in Gyeonggi-si, Gyeonggi-do.

Summary of Evidence

1. Defendant’s written accusation;

1. Application of Acts and subordinate statutes to an investigation report (a report on confirmation of time out of a suspect's isolation place), investigation report (the report on investigation related to E visiting by the suspect);

1. Subparagraph 5 of Article 79-3 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475, Aug. 12, 2020; hereinafter the same shall apply), subparagraph 3 of Article 47 (Violation of Isolation Measures to Prevent Dissemination of Infectious Diseases) of the relevant Act on the crime, and subparagraph 5 of Article 79-3 and Article 49 (1) 14 (Violation of Isolation Measures for Prevention of Infectious Diseases) of the former Infectious Diseases Act on the crime;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: the defendant is replaced by the defendant in the world.