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(영문) 인천지방법원 2021.01.15 2020고단6773
감염병의예방및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

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 shall comply with such measures.

On May 2, 2020, the Defendant was suspected of having contacted with patients with infectious diseases. On June 2, 2020, the Defendant was subject to quarantine measures taken by the head of the Michuhol-gu Incheon Metropolitan City, Incheon, where the place of isolation was the Defendant’s residence, from June 2, 2020 to June 12, 2020, on the ground of the prevention of “coin or scalin -19” from the scalinary soldiers of new infectious diseases.

Nevertheless, the defendant from June 3, 2020 to the same year.

6. Until April 2, 200, a person, who was off his place of isolation and performed a painting construction work in the building located in Michuhol-gu Incheon Metropolitan City, did not comply with the measures of isolation.

Summary of Evidence

1. A statutory statement to the effect that a public official in charge was called a person subject to isolation by telephone at the time of the decision of the defendant;

1. Legal statement of witness E;

1. A written statement;

1. A certificate;

1. The defendant and his/her defense counsel asserts to the effect that a notice of isolation and receipt of a notice of isolation [the defendant and his/her defense counsel are illegal in taking measures of isolation for persons entering a crime committed by telephone other than the document, and that as long as a legitimate person is not allowed to take measures of isolation,

In principle, an administrative disposition should be conducted based on the law at the time of the disposition (see Supreme Court Decision 924594 delivered on March 15, 2001, etc.). Under the relevant law, Article 1 subparag. 1 of the Addenda to the Infectious Disease Control and Prevention Act (No. 17067 delivered on June 2, 2020) as of the date of the above disposition (see Supreme Court Decision 92Da4594 delivered on March 15, 2001, etc.), and the former Act and subordinate statutes as of the time of enforcement (see Supreme Court Decision 200Da17067 delivered on March 4, 2020).

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