2021 Highest 462 Violation of the Infectious Disease Control and Prevention Act

1. A;

2. B

Oral forests and leathers (public trial)

Attorney C (National Assembly for the Defendant B)

April 28, 2021

Defendant A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3.5 million.

In the event that the defendants did not pay the above fine, each of the 100,000 won was converted into one day, the defendants shall be confined in the workhouse.

To order the Defendants to pay the amount equivalent to each of the above fines.

Criminal facts

No person shall refuse, interfere with, or evade an epidemiological investigation without justifiable grounds in an epidemiological investigation conducted by the head of a disease control office, a Mayor/Do Governor, or the head of a Si/Gun/Gu, make a false statement, submit false data, or intentionally omit or conceal any fact.

1. Suspect A;

On September 4, 2020, the Defendant was judged to train Crona 19 infectious diseases, and was subject to an epidemiological investigation by a public official belonging to the Changwon Public Health Center from September 4, 2020 to September 6, 2020. The Defendant stated to the effect that the Defendant moved to the above public official B, while attending an explanatory meeting on the project in the Daegu Northbuk-gu D Building on August 29, 2020, while getting on and moving to the same vehicle with the land B.

Accordingly, the defendant made a false statement in an epidemiological investigation without justifiable grounds, or omitted or concealed facts intentionally.

2. The suspect B;

Around September 4, 2020, the Defendant was judged to train Crona 19 infectious diseases, and was subject to an epidemiological investigation by a public official belonging to the Changwon Public Health Center from September 4, 2020 to September 5, 2020. In fact, the Defendant appeared to the effect that he moved to a public official of the above public health clinic while attending an explanatory meeting for business conducted in the Daegu Northbuk-gu D Building on August 29, 2020 while moving along the same vehicle as A and E, while moving from the said public health clinic.

Accordingly, the defendant made a false statement in an epidemiological investigation without justifiable grounds, or omitted or concealed facts intentionally.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police with respect to F, and a statement prepared in F;

1. A protocol concerning the suspect examination of E;

Application of Statutes

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

Defendants: Article 79 Subparag. 1 and Article 18(3) of the former Infectious Disease Control and Prevention Act (amended by Act No. 17920, Mar. 9, 2021; hereinafter the same shall apply) (Appointment of Imprisonment)

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

In this case, the Defendants were found to have been subject to an epidemiological investigation after the determination of Croro or 19 virus infections and were found to have made a false statement on the said vessels. In light of high infectious diseases and high risk of infectious diseases in Cronana 19, it is necessary to strictly punish the Defendants with respect to the acts of obstructing the epidemiological investigation by the competent authorities and the prevention of infectious diseases.

[Defendant A]

According to the circumstances shown in the investigation records, it is inevitable to punish the defendant as well as the defendant's identity that he or she allowed others not only to make a false conspiracy, but also it is the primary crime without any force of criminal punishment, and there is no evidence that there was an additional supposer due to the abolition of the defendant's facts.

Cooperation was made in medical research for development such as whites.

[Defendant B]

In addition, it is unclear whether the Defendant has been seriously against the result of the Defendant’s own act, such as continuing to mislead the Defendant on the grounds that the Defendant committed an act, etc. However, the Defendant is aged, is currently under cancer, and there is no criminal history exceeding the fine. Moreover, blood was provided for the development of leba, etc.

In addition, the defendants' age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the pleading of this case shall be determined as ordered by the sentence.

Justices Kim Jae-su