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(영문) 서울남부지방법원 2020.09.23 2020고단1670

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

Where a person infected or is likely to be infected with, or spread, an infectious disease in contact with an infectious disease patient, etc. receives a measure for medical treatment from the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, or from the head of a Si/Gun/Gu, he/she shall not refuse hospitalization or medical treatment in violation of such measure, and the infected shall not violate measures for

The Defendant received a notice of isolation from the head of Yeongdeungpo-gu Public Health Center as of March 4, 2020, on the ground that the Defendant contacted the nose or 19 infectious disease patients who had been in contact with the above restaurant while working as an employee at the “B” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, and, as of March 4, 2020, “it constitutes a person who is infected or likely to be infected with an infectious disease, and thus, is isolated at the Defendant’s home located in the same Gu C and causes self-treatment.”

Nevertheless, from March 11, 2020 to 14:05 on March 11, 2020, the Defendant left his home and visited the neighboring market, and refused self-treatment by leaving the isolation place, and violated the measures for self-Isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Accusation of a violator of the Infectious Disease Prevention Act (A), public notice on isolation, notice on the result of visit and inspection by a farmer or 19 person to an isolationr, notice on the result of visit and inspection by the isolationr, statement of business trip clothes, and report on

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 80 Subparag. 4 and Article 41(3)2 (a) of the former Infectious Disease Control and Prevention Act (amended by Act No. 17067 of Mar. 4, 2020; hereinafter “former Infectious Disease Prevention Act”) on criminal facts and Article 80 Subparag. 7 and Article 49(1)14 of the former Infectious Disease Prevention Act (a violation of one’s own isolation measures)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.