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(영문) 수원지방법원 2021.1.12. 선고 2020고단7363 판결

감염병의예방및관리에관한법률위반

Cases

200 Highest 7363 Violation of the Infectious Disease Control and Prevention Act

Defendant

A

Prosecutor

In case of South Korea, the Minister of Health and Welfare shall hold a public trial.

Imposition of Judgment

January 12, 2021

Text

Defendant shall be punished by a fine of KRW 3,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

In order to prevent an infectious disease, 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 persons suspected of an infectious disease in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

On September 8, 2020, the Defendant contacted with Coina or 19 confirmations, and received measures of isolation from the water supply market on September 10, 2020 to September 15, 2020, the period of isolation was from September 8, 2020 to September 15, 2020, and a person who makes the place of isolation as "A building B in the area of the dwelling of the Defendant, or C, the dwelling of the Defendant."

Nevertheless, around 15:45 on September 14, 2020, the Defendant driven his own car outside the place of isolation, and opened from 17:00 to 17:20 in the neighboring park of subway 2 lines in Dongjak-gu Seoul Metropolitan Government, from 8:0 to 17:20, the Defendant violated the measures of isolation in the water supply market by driving the vehicle again, driving the vehicle at 3 times in the calendar station in Gangnam-gu Seoul, Gangnam-gu, Seoul, and driving it again at 17:50 to 17:55. The Defendant violated measures of isolation in the water supply market.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 79-3 subparag. 5, Article 47 subparag. 3, and Article 49(1)14 of the Infectious Disease Control and Prevention Act; Selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Gindu