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(영문) 대전지방법원 천안지원 2021.02.18 2020고단2820

감염병의예방및관리에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

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 October 6, 2020, the Defendant: (a) was a person who entered China from the Republic of Korea in order to prevent the spread of 19 infectious diseases; and (b) was notified from the ASEAN market to October 20, 200 by the obligatory person from the date of entry to October 12, 2020; (c) but was notified of the person subject to isolation, the Defendant violated the measures of isolation by visiting “D”, which is located in the ASEAN City, from October 8, 2020 to 15:00 on the same day, for the preparation of loan documents, on the ground that the Defendant was hired by the bank staff from the ASEAN City B, a place of isolation, for the purpose of preparing the loan documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing receipt of a written accusation, a written statement, or a person who leaves the facility without permission, reporting the occurrence of measures, and receipt

1. Article 79-3 subparag. 5, Article 47 subparag. 3, and Article 49 subparag. 14 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020) on criminal facts and Article 79-3 subparag. 5, Article 47 subparag. 3, and Article 49 subparag. 14 (Optional to Imprisonment)

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act recognize and reflects the defendant's mistake, and the primary offender is the defendant's 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, such as the time, place and circumstance of the escape of this case, and other factors of sentencing as indicated in the argument of this case.