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(영문) 의정부지방법원고양지원 2020.10.08 2020고단2006
감염병의예방및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

No person shall intentionally omit or abolish any fact in an epidemiological investigation conducted by the Director of the Korea Centers for Disease Control and Prevention, a Mayor/Do Governor, or the head of a Si/Gun/Gu.

The Defendant sold cosmetics, etc. using the trade name, “C,” from May 30, 2020 to November 40, 202, the Defendant explained the goods to many participants, including Daco-ro or 19 confirmation-based E, Goyang-si from May 30, 202, and sold cosmetics, such as Scream, A cream, etc.

On June 4, 2020, the Defendant, at around 16:00 on June 4, 2020, notified the public health clinic of the fact that part of the participants did not wear a string and did not observe the social distance, deleted CCTV images (on May 30, 2020: 09:0-13:00 on May 30, 202) to detect the inside of the above place, upon request from F in order to conceal the fact that some of the participants did not wear a string.

Accordingly, the defendant intentionally omitted or discarded facts in the epidemiological investigation of the sowing Market.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Investigation report on results of digital evidence analysis (F staff and the contents of telephone conversations);

1. Application of the written charge, Koyang-si, or statutes;

1. Article 79(1) and Article 18(3)3 of the Infectious Disease Control and Prevention Act (amended by Act No. 17067 of Mar. 4, 2020) of the former Infectious Disease Control and Prevention Act (amended by Act No. 17067 of Mar. 4, 2020), the choice of imprisonment,

1. In light of the fact that the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is based on the high infectious and risk of 19 infectious diseases (covina virus infection-19, COVID-19), and all citizens of the Republic of Korea have suffered direct and indirect pain due to the above infectious diseases for a long time, and are faced with inconvenience, it is intentional to the epidemiological investigation by the competent authority to identify the radio wave route of the above infectious disease and prevent additional dissemination.

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