감염병의예방및관리에관한법률위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
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, such as hospitalized or isolation of the infected in an appropriate place, for a fixed period, in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures
Around May 15, 2020, the Defendant received contact from a public official in charge of the Yeongdeungpo-gu Office's office around May 19, 2020 on the grounds that the Defendant contacted PC from CPC bank located in Yeongdeungpo-gu Seoul Metropolitan Government with corona or 19 infectious disease patients, and received a notice of isolation under the name of the head of Yeongdeungpo-gu Office on May 20, 2020 from May 19, 202 to May 29, 2020 that the Defendant would stay in the Defendant’s office and provide medical treatment.
Nevertheless, on May 20, 2020, from around 09:00 to 21:00 of the same day, the Defendant returned to Yeongdeungpo-gu Seoul Metropolitan Government Sinsan-dong, Seoul Mapo-gu, and the Mapo-gu Seoul Mapo-gu. On May 21, 2020 to around 19:50 of the same day, the Defendant violated the measures for isolation by returning home to Sinsan-dong, Seoul Mapo-gu, Seoul Mapo-gu, from around 10:50 to 19:00 of the same day.
Summary of Evidence
Defendant’s legal statement
Application of Acts and subordinate statutes, such as a written notice of isolation of the accusation, investigation report of text messages (the result of analyzing the location value of suspect cell phone
1. Article 79-3 of the Infectious Disease Control and Prevention Act, subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Infectious Disease Control and Prevention Act, the choice of imprisonment for a crime;
1. As of the ground for sentencing under Article 62(1) of the Criminal Act, strict response is required in regard to violations of measures, such as isolation by the competent authorities to prevent the spread of infectious diseases due to coconsora or 19 mass infections, in light of the global prevalence of infectious diseases, social risk caused by a person suspected of having an infectious disease to commit an offense of isolation, social costs associated therewith, etc.
The defendant violates measures for isolation, Seoul.