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(영문) 부산지방법원 2021.01.13 2020고단4260
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In order to prevent infectious diseases, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to hospitalize or isolate persons who have suffered from infectious diseases in an appropriate place for a certain period, or take some measures necessary therefor, and no person who has received such measures shall violate such measures.

On June 22, 2020, the Defendant carried out loading and unloading of cargo with C, along with C, a person who was at the port of 3:00 am, Seo-gu, Busan, Seo-gu, Busan, and who was at the port of 19:0 am.

On June 23, 2020, the Defendant issued a notice of isolation under the name of the head of the Si/Gun/Gu in Busan Metropolitan City, a public official in charge of the Si/Gun/Gu office in Busan Metropolitan City, to the effect that “the Defendant constitutes a person who was in contact with the above C and who was confirmed to have been 19,” and thus, constitutes a person who was in the above residence from June 23, 2020 to July 12, 200, and thus, is isolated.”

Nevertheless, on July 3, 2020, the Defendant violated the quarantine measures without justifiable grounds, such as getting off the above residence and visiting the neighboring park at around 20:10 to 23:30.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, a written isolation notice of a public official F’s statement, a receipt of an isolation notice, and a report on an investigation of a receipt of an isolation notice (e

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases, and Articles 79-3 (5) 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. Consideration, such as the fact that a person with reason for sentencing under Article 334(1) of the Criminal Procedure Act was judged to have a final voice before the isolation period expires and was committed after the shortage;

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