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(영문) 인천지방법원 부천지원 2021.01.13 2020고단2383

감염병의예방및관리에관한법률위반

Text

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

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

Reasons

Punishment of the crime

On April 10, 2020, the Defendant: (a) was a person who was in the heart of an infectious disease that is likely to be infected by exposure to risk factors, such as coina or 19 infectious disease pathogens, after entering China; and (b) was notified of being isolated by a person falling under subparagraph (c) of the building B in Bupyeong-si Building C from April 10, 2020 to April 24, 2020.

Nevertheless, at around 15:50 on April 11, 2020, the Defendant visited the place of isolation and the family of friendship with the convenience store, and around 16:39 on April 12, 2020, the Defendant again left the place of isolation to prevent the spread of an infectious disease due to the outbreak of the infectious disease, thereby violating the quarantine measures by a person of the vice-market, a quarantine control measure to prevent the spread of the infectious disease due to the outbreak of the infectious disease.

Summary of Evidence

1. Application of Acts and subordinate statutes to submit legal statements by the defendant, written accusations, printed matters capturing location information, quarantine notices, and e-mail reference materials;

1. Article 79-3 Subparag. 5 of the Act on the Prevention and Control of Infectious Diseases (wholly amended by Act No. 17475 of Aug. 12, 2020; hereinafter the same shall apply) and Article 47 Subparag. 3 (Selection of Penalty) of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 2020);

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

1. The summary of the argument on the assertion of the Defendant and his defense counsel under Article 62(1) of the Act on the Suspension of Execution is that the Defendant paid a penalty of KRW 7,50,000 to a person who violated the Immigration Control Act with respect to the escape from the same isolation place. The crime of violation of the Act on the Prevention and Control of Infectious Diseases against the Defendant committed the above offense and the violation of the Act on the Prevention and Control of Infectious Diseases against

2. The identity of the facts charged or the facts charged ought to be determined by taking into account the normative elements, based on the Defendant’s act and its social factual basis, in mind, with the legal function of the identity of the facts.

The defendant shall be notified twice even after he/she is notified of restrictions, such as the scope of activities under Article 22 of the Immigration Control Act.