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(영문) 대전지방법원 천안지원 2021.01.12 2020고단2668
감염병의예방및관리에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Minister of Health and Welfare, the 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 to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures.

From April 1, 2020 to prevent the spread of 19 infectious diseases, the Republic of Korea implemented compulsory isolation measures for all overseas residents from April 1, 2020 for 14 days.

On September 13, 2020, the Defendant, who entered the Republic of Korea in the United States around September 13, 2020, was notified by a medical person from the Asan market from the time of entry to September 12, 200 in order to prevent the spread of 19 infectious diseases.

Nevertheless, on September 24, 2020, the Defendant, on the ground that he purchased drugs around 17:20 on September 24, 2020, went away from Asan City B and C, which is an isolation place, and violated the self-price measures against the Defendant, leading up to the roads near the hot spring station located in the same hot spring dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation of the D’s written statement, the occurrence of a deserter without permission, and reporting on the status of measures;

1. Application of Acts and subordinate statutes governing isolation notice and receipt of isolation notice;

1. Subparagraph 5, Article 47 subparagraph 3, and Article 49 (1) 14 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020) against a crime under the relevant Act on the Prevention and Control of Infectious Diseases (wholly amended by Act No. 17067, Mar. 4, 202)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing under Article 62(1) of the Criminal Act recognizes and reflects the defendant's mistake, and there is no record of punishment for the same kind of crime, time and distance of escape, circumstances surrounding the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case are considered.

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