A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The head of a disease control agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures, such as hospitalized or isolation of a person who suffers from an infectious disease at an appropriate place for a fixed period, in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures

Around September 9, 2020, the Defendant received a notice of isolation under the name of the head of Yangcheon-gu Seoul Metropolitan Government Office from a public official in charge of the public health clinic in Yangcheon-gu Seoul Special Metropolitan City on September 11, 2020 to September 23, 2020, on the following grounds: (a) the Defendant contacted with nose or 19 infectious disease patients at C hospital located in Seodaemun-gu Seoul Metropolitan Government, Seoul; and (b) around September 11, 2020 to provide medical treatment while staying in the Seoul Yangcheon-gu Seoul Metropolitan Government D building and E, the Defendant’s home.

Nevertheless, on September 13, 2020, the Defendant departed from the isolation area and visited each of the Yangcheon-gu Seoul, Yangcheon-gu, Seoul from around 07:48 to around 10:07 of that day, from around 06:33 on September 14, 2020 to around 08:06 on September 14, 2020, and returned home from around 09:36 on September 14, 2020 to around 10:34 of that day, thereby violating the measures of isolation.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official's statement;

1. Application of Acts and subordinate statutes to the details of the quarantine notice and the delivery thereof by persons of two thousand public health clinics;

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases and the former Infectious Disease Control Act (Amended by Act No. 17475, Aug. 12, 2020; Act No. 17475, Oct. 13, 2020); Article 79-3 Subparag. 5 and Article 47 Subparag. 3 (Selection of Imprisonment) of the former Infectious Disease Control Act (amended by Act No. 17475, Oct. 13

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the period of suspended sentence is determined by taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, sex, conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, including the following circumstances.