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(영문) 광주지방법원 2021.03.18 2020고단6385

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Where a Class I infectious disease occurs, the head of a Si/Gun/Gu, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require the relevant public official to take measures for isolation of the person suspected of the infectious disease, and the person subject to such measures shall comply therewith.

On October 16, 2020, the Defendant was classified as the person of the infectious disease judgment on the ground that he returned from China to Incheon Airport, and the person falling under Gwangju Nam-gu B and C, the residence of the Defendant, from October 16, 2020 to October 30, 202, was isolated.

No person subject to self- quarantine measures shall leave his/her place of isolation without justifiable grounds.

Nevertheless, the Defendant, from October 28, 2020 to October 14:45 of the same day, left the place of isolation without a justifiable reason in order to carry out family rites and books without a justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Materials related to accusation following his/her escape from isolation;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases, and Articles 79-3 and 42 (2) 1 (Selection of Penalty) of the Act on the Prevention of Contagious Diseases and Prevention of Punishment for Crimes;

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

1. The Defendant’s act of sentencing on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is to increase the risk of spreading infectious diseases, and is disadvantageous to the fact that the risk of spreading infectious diseases is not good.

However, there are more favorable circumstances, such as that the Defendant did not have closely contacted with his or her coaches or virus infections, and was merely classified as the heart of an infectious disease while entering Korea from a foreign country; that there is a violation of isolation measures for the purpose of eating and eating food during pregnancy; and that there are some other circumstances to consider the circumstances of the instant crime; that the Defendant is the first offender and recognized his or her mistake; and that the Defendant is able to commit other crimes.