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(영문) 수원지방법원성남지원 2020.12.09 2020고단2746
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may hospitalization or isolation persons suspected of having an infectious disease in an appropriate place for a given period, in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, or to prevent the spread of the infectious disease,

Around April 6, 2020, the Defendant, on the same day, notified that he/she may not leave the place of isolation by telephone from the officer in charge of Viewers B, and may be punished when he/she violated, on the ground that he/she is likely to be infected by exposure to risk factors, such as coaches or 19 infectious disease pathogens, and that he/she may not leave the place of isolation by telephone from the officer in charge of Viewers B.

Nevertheless, on April 7, 2020, the Defendant, from around 10:39 to 11:47 on the same day, went away from the building D of Osan City, which is a place for self-Isolation, and violated the measures for self-Isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the provisions of the Acts and subordinate statutes to accusation, investigation report (the details of telephone conversations with the public official in charge of self-Isolation), investigation report (the details of telephone conversations with the public official in charge of the affairs of the person in charge of self-Isolation), investigation report (the details of telephone conversations with the workplace company A of a suspect), investigation report (the details of telephone conversations with the workplace company of a suspect A), investigation report (the CCTV investigation

1. Article 79-3 Subparag. 5 of the Infectious Disease Control and Prevention Act (amended by Act No. 17472 of Aug. 11, 2020) and Article 47 Subparag. 3 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17472 of Aug. 11, 202)

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have been committed despite the Defendant’s receipt of notice of isolation due to Corrona-19, and the crime’s nature is not less than that of the crime in light of social risk resulting from the violation of self-recoveration measures and social cost issues related thereto.

(b).

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