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(영문) 대전지방법원서산지원 2020.12.09 2020고단1082

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

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

The Defendant fell under the close contact with conana 19 confirmed patients, and was subject to isolation measures by the head of Thai-Gun from August 29, 2020 to September 8, 2020 on the ground of the prevention of the “covirosis infection-19” of the first-class infectious disease infectious disease infectious disease infectious disease disease diseases of the 1st grade I, C, and the Defendant was subject to isolation measures from August 29, 2020 to September 8, 2020.

Nevertheless, at around 10:00 on September 1, 2020, the Defendant visited the said B apartment parking lot outside of the above isolation place and did not comply with the above measures for self-Isolation.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written statement of public official in charge;

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

1. Article 79-3 of the Infectious Disease Control and Prevention Act and Articles 79-3 (5) 5 and 49 (1) 14 of the Act on the Prevention of Contagious Diseases and Prevention of Punishment for Criminal Crimes; Selection of fines;

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

1. Considering the current situation due to the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, the Defendant’s act of violating a self-recovering measure for the prevention of infectious diseases is not exceptionally liable.

However, the defendant's attitude to recognize and reflect the error and the time of violation seems to have not passed, and the defendant's age, character and behavior, environment, etc. shall be determined as ordered by considering various factors of sentencing.