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(영문) 인천지방법원 2020.10.23 2020고단5189

감염병의예방및관리에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In order to prevent infectious diseases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to hospitalize or isolate the infected in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

On May 18, 2020, the Defendant was suspected of having contacted with a patient with a communicable disease “covirosis infection-19,” and the head of Seo-gu Incheon Metropolitan City, which was subject to isolation measures from May 27, 2020 to June 1, 2020 by the head of Seo-gu Incheon apartment C, the Defendant’s residence, and the place of isolation was subject to isolation measures from the head of Seo-gu Incheon Metropolitan City.

Nevertheless, the Defendant, from June 1, 2020 to June 18:00 of the same day, did not escape from a person to engage in the work in Permitted-si D from June 1, 202, and did not comply with the above measures for isolation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of public official in charge;

1. The investigation report (as regards the period of separation);

1. Application of the Acts and subordinate statutes concerning the closure of text messages;

1. Article 79-3 Subparag. 5 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 2020) and Article 49-3 Subparag. 14 of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 202), the selection

1. A fine of three million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. In the event that the reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence is making efforts to prevent the spread of infectious diseases through the cooperation of both public agencies, such as the State and local governments, and citizens, with regard to the global outbreak of infectious diseases, the violation of the measure, such as the instant crime, which resulted from the idea that “I are fine at one time,” as well as the Defendant, may be prejudicial to the safety of both.