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(영문) 인천지방법원 2020.08.21 2020고단4039
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.

On March 28, 2020, on the ground that the Defendant contacted with the spouse B, who is the confirmed spouse B, the “conavi infection-19,” the Defendant was subject to quarantine measures from March 28, 2020 to April 11, 2020 by the head of Yeonsu-gu Incheon Metropolitan City Public Health Center entrusted with the duties of preventing class 1 infectious diseases with the head of Yeonsu-gu Incheon Metropolitan City, which was entrusted with the duties of preventing class 1 infectious diseases, and from March 28, 2020 to the place of isolation, the Defendant was subject to isolation measures

Nevertheless, the Defendant, from April 3, 2020 to 17:54 of the same day, visited E located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon Metropolitan City, by escaping from a person, and did not comply with the above measures for isolation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notice on isolation;

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

1. Subparagraph 7 of Article 80 and Article 49 (1) 14 of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020; hereinafter the same shall apply) on the relevant criminal facts;

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 public institutions, such as the State and local governments, and citizens cooperate, and efforts are made to prevent the spread of communicable diseases, a violation of measures resulting from the idea of “I am fine as in the instant crime,” such as the instant crime, is likely to cause an unexpected consequence not only by the Defendant but also by all.

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