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(영문) 서울남부지방법원 2020.09.22 2020고단3802
감염병의예방및관리에관한법률위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures, such as hospitalized or isolation of the infected in an appropriate place, for a fixed period, in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures

Around June 1, 2020, the Defendant contacted with coaches or 19 infectious disease patients located in Gwanak-gu in Seoul Special Metropolitan City, and around June 5, 2020, the Defendant received the quarantine notice under the name of the head of Geumcheon-gu Seoul Metropolitan Government head of Geumcheon-gu Seoul Metropolitan Government, stating that he/she would stay in the Defendant’s company located in Geumcheon-gu Seoul Geumcheon-gu Public Health Center from June 3, 2020 to June 15, 2020 and provide medical treatment.

Nevertheless, the Defendant, from June 9, 2020 to 17:53 of the same day, visited the Escopic Association located in Guro-gu Seoul Metropolitan City, and returned home, thereby violating the measures of isolation.

Summary of Evidence

1. Defendant’s legal statement, written accusation, written quarantine notice, and receipt of the quarantine notice;

1. Application of the Acts and subordinate statutes to a investigative report (Attachment to the output ofCCTV image data);

1. Article 79-3 Subparag. 5 of the Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 2020) and Article 47 Subparag. 3 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 202)

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

1. Considering the present situation due to the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order due to “cona virus infection-19”, it is highly necessary to punish a violation of self-recovering measures.

However, the time when the defendant violated the measures to isolate himself is not relatively longer long, the wearing a marina, the fact that the additional dissemination by the defendant is not likely to have occurred, and the first offender who has no record of criminal punishment, etc. In addition, the defendant's age, character and conduct, family relationship, and circumstances after the crime are revealed in the arguments.

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