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(영문) 서울북부지방법원 2020.11.19 2020고단2737
감염병의예방및관리에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for three months.

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

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.

On May 17, 2020, the Defendant, who entered the Republic of Korea through the Incheon Airport, received a notice of isolation under the name of the Jung-gu Public Health Center from May 17, 2020 to May 31, 2020, on the ground that he/she was an infectious disease victim, and was in the residence of the Defendant located in the Seoul Jung-gu B apartment C, and received a notice of isolation under the name of the Jung-gu Public Health Center from May 27, 2020 to May 31, 2020.

Nevertheless, on May 28, 2020, the Defendant, from around 09:00 to 10:00 on the same day, went away from the above place of isolation D during the leisure time, and carried out fishing at E, which is far away from 500 meters from the place, violated the measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against a person who was removed from an isolation place by his/her coaches or virus infection-19;

1. Reporting on the occurrence of persons who have deprived of permission and the status of measures;

1. Application of Acts and subordinate statutes of quarantine notice;

1. Article 79-3 of the Act on the Prevention of and Control of Infectious Diseases through which the relevant Article of the facts constituting an offense and subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Act on the Prevention of

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to be in violation of the Criminal Act even though the defendant was notified of the isolation of a person due to hiscona-19. In light of the social risk resulting from the violation of the self-Isolation measure, social cost issues related thereto, etc., the nature of the crime is not weak.

However, the fact that the defendant is ex post facto and the risk of the violation is not realized due to the voice judgment of 19, etc.

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