beta
(영문) 인천지방법원 2020.10.16 2020고단6769

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

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.

Around May 31, 2020, the Defendant was suspected of having contacted with a patient with an infectious disease. Around June 1, 2020, the Defendant was subject to quarantine measures from the head of Gyeyang-gu Incheon Metropolitan City Gyeyang-gu Office for the prevention of the “coconavi infection-19” of the new infectious disease symptoms after infectious diseases, and from June 1, 2020 to June 14, 2020, the isolation period was taken by a person who is under the Gyeyang-gu Incheon apartment B apartment C, the Defendant’s residence.

Nevertheless, at around 13:09 on June 12, 2020, the Defendant purchased a death by visiting Gyeyang-gu Incheon, Gyeyang-gu, Incheon, from the place of isolation, and did not comply with the above measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of public official in charge;

1. Notice on isolation, and receipt thereof;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Where the reason for sentencing under Article 334(1) of the Criminal Procedure Act is to prevent the spread of communicable diseases with respect to the global outbreak of communicable infectious diseases on the ground of the sentencing of Article 334(1) of the Provisional Payment Order, where both the State, local governments, and public institutions and citizens cooperate and endeavor to prevent the spread of communicable diseases, a violation of measures resulting from the idea of “I, at all, be punished,” such as the instant crime, is likely to cause an unexpected result not only by the Defendant but also by all.

These circumstances are included.