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(영문) 수원지방법원 2020.10.08 2020고단5051
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 shall take measures to prevent the spread of an infectious disease upon the outbreak of the infectious disease in an appropriate place for a specific period, and no person shall violate such measures.

Around April 5, 2020, the Defendant entered China and received a quarantine notice from the Mayor around April 6, 2020 to April 20, 2020, stating that the place of isolation is to be isolated under the name of the Defendant under the building C at Osan City, where the Defendant is the Defendant’s home, from April 5, 2020 to April 20 of the same month.

Nevertheless, on April 14, 2020, from around 19:25 to around 20:17 of the same day, the Defendant visited the Defendant’s cell phone sales store located in Osan City D in order to repair the Defendant’s cell phone by leaving the Defendant’s home for about 52 minutes, and violated the measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation filed against a person escaping from the Republic of Korea without permission for entry into the Republic of Korea in relation to the Republic of Korea in relation to the Republic of Korea, a written accusation, a report on investigation ( CCTV sales store visited by a suspect), a report on investigation (as regards the distance and time from the place of isolation to the place of isolation), a report on investigation (Attachment of a written

1. Violation of 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, Aug. 12, 2020; hereinafter “former Infectious Disease Prevention Act”) on criminal facts, and Article 79-3 subparagraph 5 of the former Infectious Disease Prevention and Prevention Act (amended by Act No. 17475, Aug. 12, 202); and Article 79-3 subparagraph 5 of the former Infectious Disease Prevention Act and Article 49 (1) 14 of the former Infectious Disease Prevention and Prevention Act

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

1. Selection of selective fine for punishment (the following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the instant case.

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