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(영문) 대구지방법원 2020.10.22 2020고단2005
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 March 7, 2020, the Defendant was notified by the public official B belonging to the Jung-gu Seoul Metropolitan City Jung-gu Public Health Center that “self-recovering period is from March 17, 2020 to March 25, 2020; and that “a person under self-recovering as C or D in the isolation area is subject to self-recovering treatment” from the public official B of the public health clinic located in Daegu-gu Seoul Metropolitan City around March 17, 2020.

1. On March 17, 2020, the Defendant: (a) left the place of isolation between around 06:00 on March 17, 2020 and around 19:36 on the same day during the period of self-treatment; (b) refused self-treatment by means of viewing work from F operated by the Defendant’s father and wife in Daegu-gu, the Defendant refused self-treatment; and (c) violated self- quarantine measures.

2. On March 18, 2020, the Defendant related to the crime refused self-treatment by leaving his/her place of residence from March 18, 2020 to the point of time from around 18:40 on March 18, 2020 during the period of self-treatment, and on his/her own, violated the measures of isolation.

As a result, the Defendant left the isolation place more than twice in the above manner without justifiable grounds, rejected self-treatment, and violated self- quarantine measures.

Summary of Evidence

1. Defendant's legal statement;

1. B’s written investigation report (in relation to the notification to the accused's spouse of the person subject to isolation), investigation report (verification of the date of confirmation), investigation report (Attachment of the 112 Report List), investigation report (Attachment of the 112 Report List), and application of a notification of isolation (examination of the relevant penal statutes, etc.);

1. The old Article of the relevant Act on Criminal Crimes;

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