(영문) 의정부지방법원 2020.07.24 2020노1228

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.07.24 2020노1228

감염병의예방및관리에관한법률위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In a situation where the collective infection due to the judgmentcoin or 19 spread to a local community is serious, it is necessary for a person to comply with isolation measures to prevent the spread of infection, to protect the lives and bodies of the people, and to protect the life and body of the people. The defendant, during the isolation period, was living in a old-age and living at the street and visited the public-use facilities several times during the isolation period, and even after the location of the defendant was discovered, he/she escaped again even after isolation in a temporary living facility. It is disadvantageous to the fact that the violation of the law is serious and the motive for the crime is simply return.

On the other hand, it is advantageous to the fact that the defendant recognized the crime of this case and reflects the mistake, that there is no record of crime except that the defendant was sentenced once a fine for the crime of this kind, and that the risk of infection has not been realized by being judged by the voice decision as a result of the defendant's coina or 19 examination.

In light of the fact that there is no change in the conditions of sentencing compared with the original judgment as the new sentencing data has not been submitted in the above circumstances, it cannot be said that the lower court’s sentence is too heavy or unreasonable because it is too unreasonable for the lower court to impose the Defendant.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

유사 판례

-서울남부지방법원 2015.04.10 2015노128

-서울남부지방법원 2015.05.08 2014노1848

-광주지방법원 2015.12.08 2015노1903

-서울남부지방법원 2020.10.23 2020고단2803

-서울동부지방법원 2019.12.20 2019노1519