2021 Violation of the Infectious Disease Control and Prevention Act

A

Kim Jae-woo (Court) and Lee Jae-chul (Court)

Attorney Kim Jong-hee (National Ship)

on March 25, 2021

A defendant shall be punished by imprisonment for four months.

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

The head of a Si/Gun/Gu shall take measures, such as hospitalization or isolation of a person with an infectious disease at an appropriate place, to prevent the spread of an infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures.

Around September 9, 2020, the Defendant, at a hospital located in Seodaemun-gu Seoul Metropolitan Government, contacted with Corrona 19 infectious disease patients, and around September 2, 2020 and around September 12, 2020, received a notice of isolation under the name of the head of Yangcheon-gu Seoul Metropolitan Government, the head of Yangcheon-gu, Seoul Metropolitan Government, the Defendant’s house, from a public official in charge of the public health clinic in Yangcheon-gu Seoul Metropolitan Government, on September 11, 2020 to September 23, 2020, to provide medical treatment while leaving the building and

Nevertheless, the Defendant left the place of isolation from around 07:48 on September 13, 2020 to around 10:07 on that day, and from around 06:33 on September 14, 2020 to around 08:06 on that day, respectively, visited Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and from around 09:36 on September 14, 2020 to around 10:34 on that day, the Defendant violated the measures of isolation by returning home, and by failing to take measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of public official;

1. Details of the quarantine notice and the quarantine notice given by the public health clinic; and

Application of Statutes

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

Subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 2020 and enforced on Oct. 13, 2020), Article 79-3 subparag. 5 and Article 47 subparag. 3 (Determination of Each Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration favorable Circumstances to be Considered as Grounds for Sentencing below)

Reasons for sentencing

In addition to the following circumstances, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, all of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined the same as the order.

○ Unfavorable circumstances: The Defendant, in contact with the Crobe virus infections, was notified of isolation, and symptoms of infections, such as high fever, have been presented during isolation, but it is highly likely to be subject to criticism, such as leaving three times or more, causing danger of spread of infections, etc.

In light of the favorable circumstances of ○: It is decided as per Disposition on the grounds that there was no previous conviction except three minor fines, and that it seems that it was hard due to the high fever caused by cocons or virus infections, and that it was out of the person for treatment, etc., the defendant's self-recoveration does not spread to others, and that the defendant's self-recoveration does not spread to others, and that the mistake is remarkably divided.

Judge Kim Gin-han