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(영문) 광주지방법원 2020.12.09 2020고단4584

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Minister of Health and Welfare, a Si/Gun/Gu, or the head of a Si/Gun/Gu shall take measures for hospitalized or isolation of an infected person at an appropriate place to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person subject to such measures for isolation shall violate such measures for isolation.

On August 24, 2020, the Defendant was notified by the head of the Seo-gu Seoul Metropolitan City, Seoul, that “from August 24, 2020 to September 5, 2020, the Defendant would be isolated from the Seo-gu, Seo-gu, Gwangju, a residence of the Defendant from August 24, 2020 to September 5, 2020.”

Nevertheless, on September 2, 2020 to September 18, 2020, the Defendant violated measures of isolation by visiting the “F” coffee shop located in Seo-gu, Gwangju, the “H” shop located in the same Gu, and the “OOmotoel” located in the same Gu I without any justifiable reason after leaving the place of isolation, for the reason that the Defendant responded to the house only from around 22:00 on September 2, 2020 to around 18:00 on September 3, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Notice on isolation;

1. Withdrawal of a person without permission from the relevant person and reporting on the result of measures;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that there is a risk of spreading a virus to unspecified number of people in violation of the notification of isolation, in contact with the confirmations infected with Corrona 19 virus for the sentencing of Article 334(1) of the Criminal Procedure Act, and thus, in violation of the notification of isolation, the liability for the crime is not exceptionally imposed.

Furthermore, on the ground that the defendant's answer simply was made only by gathering, the defendant violated the measures of isolation, and the place of his visit in violation of the measures of isolation was a place where people's frequent access such as coffee shop or shop, etc. was anticipated.