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(영문) 의정부지방법원 2021.01.06 2020고단5387
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, 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, for a given 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.

The Defendant, on May 12, 2020, entered the Republic of Korea through the Incheon Airport on May 12, 202, the long-term stay overseas of the Republic of Bangladesh, and entered the Republic of Korea through the Incheon Airport. On the same day, the Defendant, from the Government mayor of the Republic of Korea on the same day, was subject to quarantine measures for the period of isolation on the grounds of the prevention of the “croro or scalise -19” for the Defendant’s symptoms of the infectious disease of class 1 communicable disease of class 2 from May 12, 2020 to May 26, 2020.”

Nevertheless, around 12:30 on May 15, 2020, the Defendant departed from the above isolation area and received medical treatment from a doctor on the ground that the Defendant visited “E member” on the third floor of the building D, 12:45 on the same day, and the sale was carried out by a doctor, and visited “F pharmacy” on the first floor of the building D, 12:57 on the same day, and returned to the above isolation area at around 13:16 on the same day, the Defendant violated the measures of isolation by leaving the isolation area for about 46 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, an explanatory note, each CCTV image-cap photograph, a notice of isolation, a receipt of a notice of isolation, and the status of individual entry or departure;

1. Application of investigation reports (in the face of a hospital or a pharmacy site investigation that the person under investigation visits), investigation reports (in the face of CCTV in a suspect's dwelling), and statutes;

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases and Articles 79-3 (5), 47 (1) 3 and 49 (1) 14 (Selection of Penalty) of the Infectious Disease Control and Prevention Act concerning the crime;

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

1. A person, who violated the reason for sentencing of Article 334(1) of the Criminal Procedure Act, even though the defendant is subject to isolation, violates the measures of isolation.

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