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(영문) 대전지방법원 천안지원 2021.02.18 2020고단2729
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

The Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to keep the heart of an infectious disease hospitalized or isolated at an appropriate place for a certain 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.

On September 16, 2020, the Defendant was notified of the isolation measure that “the Defendant shall be isolated from, or not move away from, his/her isolation place,” from September 16, 2020 to September 23, 2020, from the head of the Seo-gu, Yan-gu, the head of the Si/Gun/Gu, on the ground that the Defendant was in contact with his/her nose or 19 infectious disease patients at the residence of the Defendant located in the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant constitutes the

Nevertheless, from September 17, 2020 to 15:00 on September 17, 2020, the Defendant violated the measures of isolation, such as: (a) the Defendant left from the Defendant and returned to the workplace near the ASEAN and the astronomical basin; and (b) the Defendant violated the measures of isolation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a person escaping from office, a report on the occurrence of measures, a notice of isolation, and a receipt of an isolation notice;

1. Application of Acts and subordinate statutes in Part VI of a report on investigation (verification of the details of notification) and a photograph of sending text of an infectious disease response center;

1. Subparagraph 5, Article 47 subparagraph 3, and Article 49 (1) 14 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020) against a crime under the relevant Act on the Prevention and Control of Infectious Diseases (wholly amended by Act No. 17067, Mar. 4, 202);

1. The grounds for sentencing under Article 62(1) of the Criminal Act recognize and reflects the defendant's mistake, and there is no record of punishment except for the defendant who was sentenced once to a fine due to the crime of this type in 2008. The defendant's age, sex, criminal conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case shall be considered.

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