감염병의예방및관리에관한법률위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
In order to prevent infectious diseases, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to hospitalize or isolate persons suspected of having infectious diseases in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.
On September 9, 2020, the Defendant entered the Republic of Korea from the United States to the Incheon International Airport from the Republic of Korea through aviation around September 9, 2020. On the same day, a person who, “from September 9, 2020 to September 23, 2020,” the isolation period from the Osan market,” and the isolation area of the Defendant’s residence, was subject to isolation measures.
Nevertheless, from around 08:30 on September 14, 2020 to around 15:00, the Defendant violated measures of isolation in the Osan market by leaving the place of isolation, and visiting the restaurant located in Gwangju City D, thereby violating measures of isolation.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Application of a copy of the report (A), copy of the notification of isolation, and copy of the receipt of the notification of isolation, as a result of measures taken by each accusation or person who deserts without permission;
1. Article 79-3 Subparag. 5, Article 47 Subparag. 3, and Article 49(1)14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 2020), the option of imprisonment for a crime, and the option of punishment
1. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.
Unfavorable circumstances - The defendant's person who is responsible for preventing the spread of an infectious disease due to the 19th and the prevalence of the 19th and is not against the law of punishment such as isolation. The defendant commits a violation of the law of Punishment of Violences, etc. and a violation of road traffic law (driving).