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(영문) 광주지방법원 2020.12.02 2020고단4831

감염병의예방및관리에관한법률위반

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The sentence against the accused shall be determined by a fine of KRW 3,00,000.

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

Reasons

Punishment of the crime

Around August 20, 2020, the Defendant: (a) was classified as the heart of an infectious disease on the ground that “the Defendant used the same restaurant as the person determined to have been infected with virus 19 on August 14, 2020; (b) was notified from the State mayor of the fact that the Defendant had been located in the State, from August 20, 2020 to August 28, 2020, the Defendant violated the measures of isolation, such as taking water management, etc., in the rice plantation cultivated by the Defendant at approximately 400 meters away from the State, the quarantine place from August 25, 2020 to 09:20 on the same day, and thus, violated the measures of isolation, such as taking water management.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (related to reports on the occurrence of separation);

1. Application of Acts and subordinate statutes of quarantine notice;

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases, and Articles 79-3 subparagraph 5 and 49 (1) 14 of the Act on the Prevention of and Prevention of Punishment against Crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to be determined as ordered by taking into account the following factors: (a) the circumstance leading up to the instant crime; (b) the circumstance leading up to the instant crime; (c) the Defendant was found not infected with coaches or viruses; (d) the Defendant was a primary offender without any previous conviction; (c) the Defendant led to the confession of and reflect against the instant crime; and (d) the Defendant’s age and family relationship; and (e) all the sentencing conditions indicated in the arguments and records of the instant case, including the Defendant’s age and family relationship.