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(영문) 부산지방법원 2021.02.18 2020고단4894
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, a 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 August 2020, the Defendant visited the “C” located in Busan Jin-gu, Busan.

On August 25, 2020 and August 26, 2020, the Defendant was notified of an excursion ship that “A person who was isolated in Busan-gu G, Busan-gu, his residence from August 25, 2020 to September 6, 2020, in a place where the location of around 15:28 and around 15:24 cannot be known,” and that “A public official D in charge of the public health clinic in Busan-gu, Busan-gu, the public health clinic in charge of the public health clinic in the Busan-gu, Seoul-gu, constitutes a person who was isolated by a person who was in the Busan-gu, Busan-gu, who visited the above bath bath or who was likely to be 19 and the Dong line overlaps with the infectious disease.”

Nevertheless, at around 16:20 to 16:54 on August 27, 2020, the Defendant violated the quarantine measures without justifiable grounds, such as leaving the above residence and visiting the nearby sections.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report on a statement H and D filed by the head of the Busan Jin-gu, Busan (or notification on isolation of a suspect);

1. Article 79-3 subparag. 5 of the Act on the Prevention and Control of Infectious Diseases (amended by Act No. 17472 of Aug. 11, 2020) and Articles 49-3 subparag. 14 and 49(1)14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17472 of Aug. 1, 202)

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

1. In the situation of national disasters caused by Article 334(1) of the Criminal Procedure Act, the reason for sentencing of Article 334(1) of the Criminal Procedure Act, thereby complying with the quarantine measures of the health authorities in good faith is absolutely necessary to prevent the spread of infectious diseases and to maintain the control power of the disease control network.

Nevertheless, the Defendant violated isolation measures by arbitrarily leaving his residence, visiting neighboring sections, etc.

However, there is no criminal history against the defendant.

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