200 Highest 5375 Violation of the Infectious Disease Control and Prevention Act

A

Kim Jae-woo (Lawsuit) and Kim Young-gu (Trial)

Attorney Lee Dong-soo (Korean National Assembly)

January 8, 2021

A defendant shall be punished by imprisonment for four months.

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

Criminal History Office

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 to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures.

Around September 5, 2020, the Defendant received a written quarantine notice under the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government Office, stating that he/she may visit the patients with infectious disease from the Guro-gu Seoul Metropolitan Government opening to the Krona 19 infectious disease, and around September 10, 2020, from a public official in charge of the Yeongdeungpo-gu Office Office from September 10, 2020 to September 19, 2020 that he/she would stay in the Defendant’s territory and provide medical treatment.

Nevertheless, on September 10, 2020, the Defendant visited Yeongdeungpo-gu, Seoul Metropolitan City from around 11:35 to around 11:45 of the same day. From around 14:55 on the same day to from around 15:50 on the same day, the Defendant visited the same Dong-dong from around 10:10 on September 10, 2020 to around 10:30 on the same day, and visited the same Dong-dong from around 14:15 on the same day to around 14:45 on the same day, and from around 11:45 on September 13, 2020 to from around 13:05 on the same day, the Defendant visited the Dong-dong and Do-dong from around 12:05 on September 12:05, 200 to around 12:5:14:25 on the same day, from around 14:5, 201 on the same day to around 15:5:14:5.25.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Written accusation and notice of isolation;

1. Investigation report (to attach data on correspondence information replys between suspect A mobile phone base stations);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 79-3 subparag. 5, and Article 47 subparag. 3 (Selection of Imprisonment) of the Infectious Disease Control and Prevention Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

Considering the recent social danger caused by the spread of croro or 19 infectious diseases, the degree of fear that citizens feel, and enormous social costs to prevent the spread of infectious diseases, etc., the defendant visiting restaurants, department stores, real estate, etc. in violation of quarantine measures eight times or more, thereby having contacted many and unspecified people, is highly likely to be criticized: Provided, That the defendant's act of having contacted with many and unspecified people by visiting restaurants, department stores, real estate, etc. in violation of quarantine measures is highly likely to be criticized: Provided, That the defendant's act of violation caused by his/her voice judgment by his/her cro or 19 voice is not realized, the primary crime is the first crime, the elderly's occupation and behavior, environment, motive, means and consequence of

Judges Suh-hee