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(영문) 대전지방법원 천안지원 2021.01.12 2020고단2502

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures, such as hospitalized or isolation of a person who suffers from an infectious disease at an appropriate place to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures.

From April 1, 2020 to prevent the spread of 19 infectious diseases, the Republic of Korea implemented compulsory isolation measures for all overseas residents from April 1, 2020 for 14 days.

Around August 26, 2020, the Defendant: (a) entered the Republic of Korea in the United States; (b) on August 26, 2020 to prevent the spread of infectious diseases; and (c) on September 12, 2020, the Defendant, despite having been notified by a mandatory person from the Asan Market to September 12, 2000 from the time of entry into the Republic of Korea to September 2, 2020, notified him/her of his/her isolation subject to isolation, the Defendant, from around August 30, 2005 to around 20:30 on the same day, went away from the subparagraph B and C of the Asan City where his/her child was isolated, and met his/her child on the street 70 meters away from around the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing isolation notice and receipt of isolation notice;

1. Subparagraph 5 of Article 79-3 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020); or Article 79-3 of the same Act, etc., as of September 5, 2020 (wholly amended by Act No. 17067, Sep. 4, 2020); and Article 79-3 of the same Act, etc., of the same Act, have already been implemented one month after its promulgation (Supplementary Rule)

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

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution recognize and reflects the defendant's mistake, and there is no record of punishment for the same kind of crime, the time, place and circumstances of the escape of this case, the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case shall be determined as ordered by taking into account.