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(영문) 인천지방법원 2020.10.23 2020고단5191
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

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

Around May 10, 2020, the Defendant was suspected of having contacted with a patient with an infectious disease, and around May 21, 2020, the head of Seo-gu, Incheon Metropolitan City taken measures for isolation from May 19, 2020 to May 24, 2020, by a person who is under Seo-gu, Incheon Metropolitan City B apartment C, the Defendant’s dwelling place, for the prevention of the “conavi infection-19” from a new infectious disease disease after infectious diseases.

Nevertheless, in order to repair a broken cell phone from around 13:00 on May 22, 2020 to 16:20 on the same day, the Defendant went out of his/her person to repair the broken cell phone and failed to comply with the measures for isolation.

Summary of Evidence

1. Defendant's legal statement;

1. The place where a person is isolated;

1. Notice on isolation;

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

1. Article 79-3 Subparag. 5 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 2020) and Article 49-3 Subparag. 14 of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 202), the selection

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

1. Where the reason for sentencing under Article 334(1) of the Criminal Procedure Act is to prevent the spread of communicable diseases with respect to the global outbreak of communicable infectious diseases on the ground of the sentencing of Article 334(1) of the Provisional Payment Order, where both the State, local governments, and public institutions and citizens cooperate and endeavor to prevent the spread of communicable diseases, a violation of measures resulting from the idea of “I, at all, be punished,” such as the instant crime, is likely to cause an unexpected result not only by the Defendant but also by all.

3.2

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