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(영문) 울산지방법원 2020.11.6.선고 2020고단3616 판결
감염병의예방및관리에관한법률위반
Cases

200 Highest 3616 Violation of the Infectious Disease Control and Prevention Act

Defendant

this defendant (a name) South 77.Fiven, sole-time worker

Residential Ulsan-gu

Prosecutor

An inception (prosecution) and an inception (public trial)

Defense Counsel

Attorney Lee* (Korean National Assembly)

Imposition of Judgment

November 6, 2020

Text

The defendant shall be punished by a fine of two million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

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

Reasons

Criminal facts

In order to prevent infectious diseases, the Minister of Health and Welfare, Mayors/Do Governors, or the heads of Sis/Guns/Gus shall take measures such as hospitalization or isolation of persons suspected of infectious diseases in an appropriate place for a certain period, and no one shall violate such measures, and the Republic of Korea has implemented mandatory isolation measures for all overseas residents from April 1, 2020 as viruses 19 virus spread.

On June 24, 2020, the Defendant entered the United States and was notified by the head of Ulsan Metropolitan City from that time to July 8 of the same year from that time by the head of the Gu from Ulsan Metropolitan City, Ulsan Metropolitan City to that of the Defendant’s house located in Ulsan Metropolitan City.

Nevertheless, the Defendant, who left the above place from July 2, 18:43 to July 3: 02:40 of the same year, visited the house of a person in Ulsan Jung-gu and violated the isolation measure.

Summary of Evidence

(Omission)

Application of Statutes

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

Articles 79-3 subparag. 5 and 49(1)14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 2020) (Selection of Fine)

1. Detention in a workhouse;

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

1. Order of provisional payment;

The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances shown in the arguments of this case, together with the sentencing of the defendant as stated above.

○ Unfavorable Circumstances: Measures for Self-Isolation are one of the important preventive measures to prevent infection and spread of coaches or viruses created in the whole world including the Republic of Korea, and only a few people’s violation of measures for self-Isolation can act as a cause of the second outbreak and spread of coaches or viruses, including employees of disease control authorities, and many people, including employees of disease control authorities, are exercising full power to prevent the spread and spread of coaches or viruses, and the crimes committed by the Defendant are all dangerous acts to create prisoners of war by participating in the disease control rules, and those crimes committed by the Defendant are very serious and highly likely to be subject to criticism.

The favorable circumstances for ○○: The defendant recognized his own crime and reflects the mistake in depth; the defendant visited the house of the person who was in self-recovered to himself to commit this case by visiting the house of the person who was in his own isolation; the degree and attitude of the violation is not significant since there is no fact of division or contact with others; the defendant does not actually lead to the spread or spread of the cro or virus due to the defendant's principal crime; and there is no penalty force exceeding the fine; etc.

Judges

Judges Park Jong-woo

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