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(영문) 부산지방법원 2021.02.03 2020고단4893

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

In order to prevent infectious diseases, the Minister of Health and Welfare, the 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 September 16, 2020, the Defendant sent a door to “C” main points located in Jung-gu, Busan.

On September 25, 2020, the Defendant received an isolation notice from the head of the Dong-gu Busan Metropolitan City, “A person who was isolated in the above residence from September 25, 2020, on the ground that the Defendant fell under a person who was suffering from an infectious disease due to the overlap with the crof visiting the above main points around September 16, 2020 or the crof E ( Busan number F) and the same line overlap with the above main points,” and thus, constitutes a person who was in the above residence from September 25, 2020 to September 30, 2020.”

Nevertheless, on September 28, 2020, the Defendant violated quarantine measures without justifiable grounds, such as getting off his residence at around 19:05 to 19:15, and smoking tobacco on a nearby alleyway.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written statement, and a written notification of isolation (with respect to the details, etc. of selection of a suspect subject to isolation) - Application of Acts and subordinate statutes governing replies;

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

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

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