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(영문) 대전지방법원 논산지원 2020.07.24 2020고단202
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 may hospitalization or quarantine persons suspected of having an infectious disease in an appropriate place to prevent the spread of the infectious disease upon the outbreak of the infectious disease, or prevent the infectious disease, for a given period

The defendant is classified as a person who enters the Republic of Korea as a coina or as a person who enters the Republic of Korea under suspicion of 19, and from April 8, 2020 to April 8, 2020 from the rice market.

4. By December 22, 200, the Defendant was notified of isolation in B building C at the time Hasan, which is the Defendant’s residence.

Nevertheless, on April 13, 2020, from around 16:37 to 16:57 of the same day, the Defendant violated quarantine measures by leaving his residence, such as a new store located in the D market at the time of Yansan-si, Yansan-si, a tea shop with approximately 1.6 km away from the above residence.

Summary of Evidence

1. Defendant's legal statement;

1. The route of movement of those suspected of evading without permission under the GIST system;

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

1. Subparagraph 5 of Article 79-3 of the Infectious Disease Control and Prevention Act and subparagraph 3 of Article 47 of the Act on the Prevention and Control of Specific Crimes, and Selection of imprisonment with labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant visited the public-use facilities in violation of the notification of isolation due to coaches or viruses.

It is highly dangerous that the defendant's act that does not spread a virus upon the voice judgment of the crole or virus is large, but the defendant's act can disarm the efforts of the State and the people for the prevention and control of infectious diseases.

Considering the frequency of the violation of the notice of the isolation of the accused, the time of the escape from the isolation place, the distance of movement, etc., the punishment shall be determined as ordered by taking into account the following factors: the age, character and conduct, environment, details of the crime, circumstances after the crime, etc.

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