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(영문) 서울남부지방법원 2021.01.08 2020고단5375
감염병의예방및관리에관한법률위반
Text

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.

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, such as hospitalized or isolation of a person who suffers from an infectious disease at 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.

On September 5, 2020, the Defendant received a notice of isolation under the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government head of the Gu, stating that he/she may visit his/her coaches or 19 infectious disease patients from the opening Dong-dong of Guro-gu Seoul Metropolitan Government, and that he/she shall stay in the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government from September 10, 2020 to September 19, 2020 and provide medical treatment.

Nevertheless, on September 10, 2020, the Defendant visited Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul from around 11:35 to around 11:45 of the same day; from around 14:55 of the same day to around 15:50 of the same day, the Defendant visited the same Dong Young-dong from around 10:10 on September 10, 2020 to 10:30 on the same day; from around 14:15 on the same day to around 14:45; from around 11:45 on September 13, 2020 to around 13:05 on the same day, the Defendant visited the Dong Young-dong from around 14:10 on the same day to around 10:25:14 on the same day; from around 10:5 on September 12, 2020 to around 14:5, 200 on the same day; and the Defendant visited the Dong Dong from around 25:14:120 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Notice of accusation or isolation;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of data on correspondence between suspect A mobile phone base stations);

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases and Article 79-3 (Selection of Imprisonment) 5 and subparagraph 3 of Article 47 of the Infectious Disease Control and Prevention Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act:

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