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(영문) 울산지방법원 2020.12.11 2020고단3629
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Minister of Health and Welfare, Mayors/Do Governors, or the heads of Sis/Guns/Gus shall take measures to prevent the spread of infectious diseases or prevent infectious diseases at an appropriate place for a certain period, and the Republic of Korea has implemented measures of isolation for all overseas residents from April 1, 2020, as the virus spreads 19 viruses.

The Defendant entered China on May 1, 2020, and received notification from the head of Ulsan Metropolitan City on May 2, 2020 to the head of the Gu from May 2, 2020 to May 15, 2020 that the Defendant’s house B building C, which is the Defendant’s house, shall be subject to compulsory isolation.

Nevertheless, on May 12, 2020, the Defendant went away from the above residence and went back to the underground parking lot of B, and entered the house again. From 12:39 to 16:39 on the same day, the Defendant violated isolation measures by moving to the industrial tower located in Ulsan-gu New-dong, Ulsan to go to the coffee shop operated by the friendship-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written charge, written confirmation, trends in the occurrence of a person who leaves the place without permission for isolation, personal immigration status, and statutes on isolation notice;

1. Article 79-3 Subparag. 5 of the Act on the Prevention and Control of Infectious Diseases (wholly amended by Act No. 17475, Aug. 12, 2020) and Article 49 (1) 14 of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475, Aug. 12, 2020)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

Unfavorable circumstances: Self-Isolation measures are infections with viruses 19, which are emerging in all the world including Korea.

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