beta
(영문) 대구지방법원 서부지원 2020.07.21 2020고단1578

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

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 to place persons suspected of being infected by the pathogen of an infectious disease in an appropriate place for a certain period in order to prevent the infectious disease and prevent the spread of the infectious disease, and no person shall comply with such measures.

On February 29, 2020, the Defendant was classified as an infectious disease victim B on the ground that he connected with the “Crobea virus infection-19”, and was subject to quarantine measures from the Daegu Seo-gu Public Health Center to March 10, 2020; and the place of isolation to the Daegu Seo-gu, which is the Defendant’s residence, from February 28, 2020 to March 10.

Nevertheless, the Defendant, at around 05:30 on March 7, 2020, delivered a newspaper to the “D apartment in Daegu-gu, Seogu, Seoul-gu, by escaping from the Defendant, and then visited the “F” in E at around 11:30 on the same day and did not comply with the above measures for self-egravating.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for investigations into violators of the Act on the Prevention and Control of Infectious Diseases and replies to inquiries into communication confirmation data;

1. A report on internal investigation (number 2, 3, 5);

1. Application of Acts and subordinate statutes of the investigative report (number 7,8);

1. Subparagraph 7 of Article 80 and Article 49 (1) 14 of the Infectious Disease Control and Prevention Act against the relevant criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have not generated additional dissemination of a cromatic or virus due to the Defendant’s violation of isolation; and (c) the Defendant has no criminal records subject to punishment.

However, considering the recent speed, risk, etc. of the spread of the infectious disease, the medical treatment and its own isolation measures are faithfully observed by the competent authorities, such as the Minister of Health and Welfare.