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(영문) 의정부지방법원 2021.01.28 2020고단6283

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The head of a disease control agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to isolate a person who suffers from an infectious disease in an appropriate place for a given period against the spread of the infectious disease upon the outbreak of the infectious disease, or for the prevention of the infectious disease, and no person shall violate

On August 26, 2020, the Defendant received a notice that the Director General of the Health and Welfare Department may be isolated from the Defendant’s residence of the Defendant, who was in contact with the Defendant with the Defendant who was identified as Class 1 infectious disease, or -19 infectious diseases, and that the Defendant may be isolated from the Namyang-si mayor around August 26, 2020 until September 5, 2020.

Nevertheless, on September 3, 2020, the Defendant left his residence from around 16:30 to 18:05 on the same day, and violated the measures of isolation in the southyang market, such as “a person who is isolated within his house”, “a person who is isolated from his house,” and avoiding the riot.

As a result, the Defendant violated the quarantine measures against infectious disease patients in the South Yangyang City market.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Report on investigation (statement of an accused agent);

1. Application of Acts and subordinate statutes on the notification of isolation, receipt of isolation notice, and details of Sms receipt;

1. Article 1 proviso of the Act on the Prevention and Control of Infectious Diseases (No. 17475, August 12, 2020), Article 79-3 subparagraph 5, Article 47 subparagraph 3, and Article 49 (1) 14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475, Aug. 12, 2020) concerning the crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. While the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is long-term, a citizen who has been under serious threat to his/her life and body, there is growing fear by deceiving the persons who violated the same isolation measure as the Defendant at a place.

Moreover, the defendant has left his residence.