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(영문) 대전지방법원논산지원 2020.08.28 2020고단251
감염병의예방및관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may hospitalization or isolation persons suspected of having an infectious disease in an appropriate place for a given period, in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, or to prevent the spread of the infectious disease,

The Defendant is classified as a person who enters the Republic of Korea from the Republic of Korea to be subject to isolation on April 19, 2020. On or around April 19, 2020, the Defendant was notified from the rice market to May 3, 2020, that he/she would be isolated under B lending C from the rice market from April 19, 202 to May 3, 2020.

Nevertheless, around 04:00 on April 29, 2020, the Defendant violated the isolation measures by leaving the entrance door of the first floor in a Do newsletter to throw away wastes from the place of isolation in order to throw away wastes from the place of isolation.

Summary of Evidence

1. Photographs taken by the defendant at a place of isolation;

1. Application of Acts and subordinate statutes of quarantine notice;

1. Article 79-3 of the Infectious Disease Control and Prevention Act, subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Infectious Disease Control and Prevention Act, the selection of fines for criminal facts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act / (The number of violations by the accused against isolation measures, degree, circumstances, and results of the violation (the fact that it appears that no interview was conducted in front of the house with respect to the one-time thrown out wastes) of the Criminal Act; the fact that the accused was rendered a voice judgment on April 20, 2020; the details of entry into the Republic of Korea, criminal records, etc. of the accused;

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