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(영문) 인천지방법원 2020.11.27 2020고단6091
감염병의예방및관리에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In order to prevent infectious diseases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to hospitalize or isolate the infected in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

Around May 8, 2020, the Defendant was suspected of having contacted with a patient with an infectious disease after entering the Republic of Korea through the Incheon Airport. Around May 8, 2020, the Defendant was subject to quarantine measures from the head of Michuhol-gu Incheon Metropolitan City Office to the Michuhol-gu Incheon Metropolitan City B apartment in the isolation period on the ground of the prevention of the “conavi infection infection-19” of a new infectious disease after infectious disease symptoms from May 8, 2020 to May 22, 2020.

Nevertheless, the Defendant moved from May 19, 2020 to 19:00 on the same day from around 18:00 to around 19:00 on the same day to the sloping, and the Defendant did not comply with the above measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of public official in charge;

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

1. Article 79-3 Subparag. 5 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 2020) and Article 49-3 Subparag. 14 of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 202), the selection

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In the event that the sentencing of Article 334(1) of the Criminal Procedure Act provides for the reasons for the sentencing of the provisional payment order, where both the State and local governments, public agencies, and citizens, are making efforts to prevent the spread of infectious diseases with respect to the occurrence of a global infectious disease, such as the State and local governments, and citizens, a violation of measures that “I, at all, be punished,” such as the instant crime, may result in an unexpected significant result not only in the Defendant, but also in such a violation.

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