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(영문) 대전지방법원서산지원 2020.10.15 2020고단687

감염병의예방및관리에관한법률위반

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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.

On May 8, 2020, the Defendant entered the Incheon Airport to the Republic of Korea and was suspected of having contacted with the patient with an infectious disease. The isolation period was from May 8, 2020 to May 22, 2020, for the prevention of the “cona virus infection-19” of the first-class infectious disease infectious disease infectious disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease

Nevertheless, at around 13:30 on May 13, 2020, the Defendant was bound to leave the dwelling of the Defendant, who is the above isolation place, and to add back the back of the dwelling place, and did not comply with the above measures for isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of a written accusation notice of isolation statutes to field photographs;

1. Article 79-3 of the Infectious Disease Control and Prevention Act and Articles 79-3 (5) 5 and 49 (1) 14 of the Act on the Prevention of Contagious Diseases and Prevention of Punishment for Criminal Crimes; Selection of fines;

1. Article 62 (1) of the Criminal Act;

1. The details of detention in a workhouse (in cases where a suspended sentence of imprisonment is invalidated or revoked) from the place where the reason for sentencing is isolated, distance, location characteristics of the defendant, the primary offender, other circumstances of the defendant, etc. in light of Articles 70(1) and 69(2) of the Criminal Act;