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(영문) 대구지방법원 2020.08.11 2020고단2394
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 may allow persons infected or likely to be infected with infectious diseases in contact with infectious diseases, to undergo self-treatment, and may isolate persons suspected of being infected by the pathogen of an infectious disease in an appropriate place for a certain period, and no person shall refuse self-treatment or violate quarantine measures.

On February 19, 2020, the Defendant was classified as a person subject to self-treatment and isolation on the ground that the Defendant contacted with Corrorona or 19 positives, and was notified on February 22, 2020 to the head of the Nam-gu Seoul Metropolitan City public health clinic that the Defendant’s residence from Magu building B and C, which is the Defendant’s residence, should not leave or move to the above isolation area by the time of separate cancellation.

Nevertheless, on March 3, 2020, the Defendant left the above isolation area from around 16:00 to the irregular time, and refused self-treatment by attending the E Licensed Real Estate Agent Office located in Daegu-gu D, and violated self- quarantine measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the F;

1. Details of independent text transmission, and application of Acts and subordinate statutes of the quarantine notice;

1. Article 80 Subparag. 4 and Article 41(3)2 (a) of the former Infectious Disease Control and Prevention Act (amended by Act No. 17067 of Mar. 4, 2020; hereinafter “former Infectious Disease Prevention Act”) on criminal facts and Article 80 Subparag. 7 and Article 49(1)14 of the former Infectious Disease Prevention Act (a violation of one’s own isolation measures)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. The following conditions for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime; the circumstances after the crime; and the various conditions for sentencing as shown in the argument of this case.

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