감염병의예방및관리에관한법률위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to prevent the spread of an infectious disease upon the outbreak of the infectious disease in an appropriate place for a specific period, and no person shall violate such measures.
On April 17, 2020, the Defendant was notified from the Gangnam-gu public health clinic of the fact that he/she was a person of Vietnam nationality who entered the Republic of Korea through the Incheon Airport and is an infectious disease victim, who was notified of the measure of isolation from April 17, 2020 to May 1, 2020.
Nevertheless, at around 08:00 on April 25, 2020, the Defendant left the 600-meter car base in the Seoul Northern-gu Seoul Northern-gu, and violated the measures of isolation by leaving the vehicle base in the same place.
Summary of Evidence
1. Defendant's legal statement;
1. Accusations against violators of the Infectious Disease Prevention Act, accusations, the occurrence of deserters, and reports on the results of measures;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of an isolation notice);
1. Article 79-3 of the Infectious Disease Control and Prevention Act applicable to the crimes and subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Act on the Prevention and Control of Contagious Diseases According to the Selection of Penalties;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to be in violation of the Criminal Act even though the defendant was notified of the isolation of a person due to hiscona-19. In light of the social risk resulting from the violation of the self-Isolation measure, social cost issues related thereto, etc., the nature of the crime is not weak.
However, the circumstances favorable to the defendant include the fact that the defendant is not actually infected with Coinna or 19, the risk of the violation is not realized, the fact that there is a reflective fact, and some of the circumstances that can be considered in the process of the crime, etc., and the frequency of the defendant's violation of the notice of isolation.