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(영문) 서울중앙지방법원 2021.01.12 2020고단7916
감염병의예방및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

On January 8, 2020, the Minister of Health and Welfare announced Coina or 19 (COVID-19) as a new infectious disease symptoms, and classified it as Class 1 infectious disease.

The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may allow a person infected or likely to infected with an infectious disease due to contact with a patient with an infectious disease patient, etc. to provide medical treatment at the infectious disease control facilities, and may take measures of isolation for the person or facility of the person infected with the infectious disease, and no person corresponding thereto shall refuse to provide such medical treatment or refuse to

The Defendant, around 10:00 on August 28, 2020, received the determination of Croro or 19 confirmation from a public official belonging to Dongjak-gu Seoul Metropolitan Government and the notification of isolation, and was isolated by a person in Dongjak-gu Seoul Metropolitan Government B. However, on August 28, 2020, the Defendant left the above isolation area from around 10:10 on August 28, 2020 to around 14:45 on the same day and visited the station, etc. in Gangnam-gu Seoul Metropolitan Government and did not comply with the measures of isolation.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation, report on the occurrence of a person who deserts from permission, and the status of measures, and press reports related to suspects;

1. Application of Acts and subordinate statutes to an investigation report (verification of the details of counter- accusation by department C of the Dongjak-gu Office D office);

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases and Articles 79-3 (5) 5 and 47 (2) 3 of the Infectious Disease Control and Prevention Act, the selection of imprisonment for a crime;

1. In light of the following: (a) the reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act; (b) the high infectious disease and danger of 19 infectious diseases; and (c) all citizens of the Republic of Korea have suffered direct or indirect pains due to the above infectious disease for a long time; and (d) the Defendant, who was judged the probability of criticism for the instant crime committed by the Defendant on board the subway used by many citizens, instead of taking quarantine measures.

However, the defendant's mistake is recognized, and the defendant's mistake is after 1987.

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