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(영문) 수원지방법원 2020.11.11 2020고단5091

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

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.

Around June 25, 2020, the Defendant entered the United States and received an isolation notice from Jun. 26, 2020 to Jun. 12, 2020 to Jun. 25, 2020 to Jun. 25, 2020 to Jun. 25, 2020 to Jun. 25, 2020 to Jun. 9, 2020 to which the place of isolation is to be isolated as the Defendant’s home-based wife B population.

Nevertheless, on July 1, 2020, from around 11:48 to about 14:50 to around 14:50, the Defendant went away from the above Defendant’s home for three hours, and was in violation of isolation measures by taking care of D surrounding the wife C at the permissible time.

Summary of Evidence

1. Application of Acts and subordinate statutes to a defendant's statutory statement, written accusation, written notice of isolation, written confirmation of on-site inspection of a person in need of isolation at the place of isolation;

1. Violation of the relevant Article on criminal facts, subparagraph 5 of Article 79-3, subparagraph 3 of Article 47 (Violation of Self-Isolation Measures for Prevention of Communicable Diseases) of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475, Aug. 12, 2020; hereinafter “Communicable Disease Control and Prevention Act”), and subparagraph 5 of Article 79-3 and Article 49 (1) 14 (Violation of Self-Isolation Measures for Prevention of Infectious Diseases) of the Infectious Disease Control and Prevention Act (Violation of Self-Isolation Measures for Prevention of Infectious Diseases)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The Defendant, who is selected to impose a fine by choice of punishment of this case, repents and reflects the instant crime in depth, the time from his home, which is an isolation place, does not run to leave his home, and the Defendant is actually infected or appears to have not generated additional infection due to the instant crime, and the Defendant has no record of criminal punishment except for a long-term fine.