(영문) 대구지방법원 2021.7.22. 선고 2020고단6433 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Of the facts charged in this case, the charge of violating the Infectious Disease Control and Prevention Act (epidemiologic investigation) shall be acquitted.

Reasons

Criminal facts

No person shall violate measures to restrict or prohibit performances, assemblies, religious rites, or any other large gathering of people by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu in order to prevent infectious diseases.

On August 23, 2020, the Daegu Metropolitan City Mayor shall take measures to prohibit the face-to-face worship of a pastor who attends the meeting of the Magylology, and in the case of a participant in the meeting of the Magylology, two weeks (not later than August 29, 2020) include the following: "Requests for the prohibition of face-to-face worship of a pastor who attends the meeting of the Magyl language Assembly on August 15, 2020 to prevent the spread of a face-to-face worship," which includes: "Requests for the prohibition of face-to-face transfer of a pastor who attends the meeting of the Magylology Assembly on August 15, 2020," (Tagu City Culture and Arts Policy).

-Form 12723, August 23, 2020, hereinafter referred to as “official text”) was drawn up and transmitted to the mobile phone of the defendant around 11:15 on the same day.

At around 12:30 on the same day, the Defendant continued to receive the above official text from two public officials belonging to the Ministry of Culture and Arts, and the Defendant was present at a luminous meeting, and the Defendant was asked to proceed with a face-to-face towing meeting in Daegu Dong-gu by August 29, 2020, despite the explanation on the purport that he shall not proceed with a face-to-face towing meeting, from August 23, 2020, the Defendant continued to proceed with a face-to-face towing meeting against 38 new persons, including Coinna or 19 infection D at the above Cridge meeting on August 23, 2020.

Accordingly, the defendant violated the collective restriction and prohibition measures of Daegu Metropolitan City Mayor.

Summary of Evidence

1. Each legal statement of the witness ○○○, ○○○, Kim○, and ○○○○;

1. Request for the prohibition of face-to-face worship to the gricker present at the meeting of the Seoul Mastory Assembly on August 15, 198 for the prevention of spread of two authentic copies of the written accusation, coaches or 19;

1. The photographs of the inside of Cridges at the time of face-to-face preliminary inspection;

1. Investigation report (Evidence number 82);

Judgment on Defendant’s argument

The Defendant asserts that a church's worship does not include a church's worship in the measure of collective prohibition pursuant to Article 49 (1) 2 of the Infectious Disease Control and Prevention Act (hereinafter referred to as the " Infectious Disease Prevention Act").

However, Article 49(1)2 of the Infectious Disease Prevention Act provides that "the head of a Si/Gun/Gu, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall take all or some of the measures necessary for restricting or prohibiting performances, assemblies, religious rites, or other gatherings of many people in order to prevent infectious diseases." Thus, it is clear in terms of the language of the law that a church's worship is included in the "Assembly, religious rites, or other gatherings of many people corresponding thereto", which is defined as the object of collective prohibition measures in the Infectious Disease Prevention Act. Therefore, the above assertion by the defendant is rejected.

Application of Statutes

1. Article applicable to criminal facts;

Article 80 Subparag. 7 of the Infectious Disease Control and Prevention Act and Article 49(1)2 of the Infectious Disease Control and Prevention Act

1. Detention in a workhouse;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

Since the act of violating collective prohibition measures to cope with crona 19 infectious diseases goes against the high risk of our society and local communities, and citizens' efforts and sacrifices continued to prevent the spread of infectious diseases, the error of the defendant in violation of such measures is not easy, the defendant's denial of the crime, and all other sentencing conditions, including the defendant's age, environment, circumstances of the crime, means and results of the crime, and the circumstances after the crime, shall be determined as ordered by the order.

Parts of innocence

1. Facts charged;

On July 20, 2020, the Defendant recruited 200 participants to attend the Madern Seoul (hereinafter referred to as the “instant assembly”) on August 15, 2020, which was scheduled to hold on August 15, 2020 in the Maddong-gu, Daegu-gu, the Defendant: (a) around August 20, 202, recruited 30 participants to attend the Maddong-gu Seoul (hereinafter referred to as the “Maddong-gu Assembly”) and recruited Maddong-gu Seoul (hereinafter referred to as the “Maddong-gu Assembly”); (b) lent 6 chartered buses under the name of the Defendant; (c) appointed the number of passengers for each bus; and (d) led them to the preparation of the assembly; (d) around 0, 000 Maddong-dong-gu, Daegu-dong, Daegu-gu, Seoul-dong, 2000 Maddong-dong, 7000 Maddong-dong-dong, 2007000 Ga-dong-dong-dong.

If the head of a disease control office, a Mayor/Do Governor, or the head of a Si/Gun/Gu deems it necessary to investigate the cause of an infectious disease, although it is likely to spread or unclear whether the infectious disease has broken out, he/she shall conduct an epidemiological investigation without delay, and in the epidemiological investigation, no person shall make a false statement, and intentionally omit or abolish the fact.

The Daegu Metropolitan City Mayor: (a) prevented the spread of infectious disease and conducted an epidemiological investigation for diagnosis, inspection, etc. of the participants of the instant assembly; (b) under the instruction of the Daegu Metropolitan City Mayor on the foregoing epidemiological investigation on August 18, 2020, the head of the Daegu Metropolitan City City Mayor and the head of the department in charge of culture and arts policies for viewing Daegu Metropolitan City City and the head of the department in charge asked the Defendant about the number of persons who attended the instant assembly at the direction of the Defendant’s leader. The Defendant made a false statement on the above question to the effect that the number of persons who attended the instant assembly was 60 persons from 6:0 the chartered bus 20, despite the participation of the instant assembly.

On August 23, 2020, the Daegu Metropolitan City Mayor participated in the instant assembly and participated in the instant assembly on August 23, 2020, and conducted an epidemiological investigation to find out the cause and route of infections for the prevention of additional infections by Corrona 19, and other public officials of Daegu City Culture and Sports Tourism and Tourism Bureau and the above head of Lee ○○○○○○ Division, etc. under the order of the said epidemiological investigation by the Daegu Metropolitan City Mayor, and asked the defendant about the number of persons who participated in the instant assembly as the defendant's leader at around August 24, 2020.

As to the above questions, the Defendant made a false statement to the effect that, despite the participation of 6 to 200 persons of the chartered bus in the instant assembly, “the fact is more than 1 price for chartered bus, 92 persons were on board divided into 3 to 3 chartered bus and participated in the assembly,” and prepared and submitted a list of 92 persons.

Accordingly, the Defendant made a false statement at least twice in an epidemiological investigation conducted by the Daegu Metropolitan City Mayor, and omitted and discarded facts.

2. Determination

A. Relevant statutes

The provisions of the former Infectious Disease Prevention Act (amended by Act No. 17475, Aug. 12, 2020; hereinafter “ Infectious Disease Prevention Act”) and the former Enforcement Decree of the Infectious Disease Prevention Act (amended by Presidential Decree No. 30743, Jun. 5, 2020; hereinafter “Enforcement Decree of the Infectious Disease Prevention Act”) concerning epidemiological investigation are as follows.

3. The term "patient of an infectious disease" means a person who shows symptoms upon intrusion of the pathogen of an infectious disease by the human body and who is confirmed through the diagnosis conducted by a doctor, dentist or oriental medical doctor in accordance with the diagnosis standards under Article 11 (6) or the laboratory examination conducted by an laboratory of the pathogen of an infectious disease under Article 16-2; 14. The term "patient of an infectious disease" means a person suspected of being affected by the pathogen of an infectious disease but is at the stage before it is confirmed as an infectious disease patient; 15. The term "patient of an infectious disease" means a person holding the pathogen of an infectious disease without any clinical symptoms; 15-2. The term "person suspected of an infectious disease" means a person who falls under any of the following items; 2. The head of a Si/Gun/Gu shall ascertain whether an infectious disease is infected or suspected with the pathogen of an infectious disease (hereinafter referred to as "patient"); or the head of a Si/Gun/Gu shall provide necessary information to a medical institution to prevent or control infection of an infectious disease, etc.;

(3) Any person who refuses, interferes with, or evades an epidemiological investigation without any justifiable ground; 2. Any person who makes a false statement or submits false data; 3. Any act of intentionally omitting or destroying any fact intentionally shall be prescribed by Presidential Decree. Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:

2. Where a Mayor/Do Governor or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) is required to conduct an epidemiological investigation; (a) Where an infectious disease occurs in his/her jurisdiction and is likely to spread; or where an infectious disease is likely to occur outside his/her jurisdiction and her jurisdiction are suspected to have an epidemiological relationship therewith; (b) if an investigation is necessary to discover the cause thereof due to adverse reactions to vaccinations in his/her jurisdiction, the methods of an epidemiological investigation under Articles 18 (1) and 29 of the Act shall be as specified in attached Table 1-3 [Attachment Table 1-3]; (c) the method of an epidemiological investigation under Article 18 (1) of the Act shall be conducted; (d) the persons contacted with the patients with an infectious disease or those likely to have been infected with the infectious disease or to have been infected with the same infectious disease; and (d) the examination personnel of the institution or the head of a Si/Gun/Gu shall conduct an epidemiological investigation, using the results of an epidemiological investigation or interview conducted directly by the examination team;

(1) Environmental autopsys shall be taken from soil, water (referring to water from public facilities, such as waterworks, underground water, cooling tower, swimming pool, swimming pool, hot spring, bath, etc.), food, tools (referring to things capable of spreading pathogens such as sponsor, etc.; hereinafter the same shall apply), equipment, etc. (hereinafter the same shall apply). (1) Collection of insects mediating infectious diseases and animals, and sponsories of animals, and 1) epidemological relations with the patients suspected to have been exposed or presumed to have been exposed to the same risk, or animals (referring to insects, sponsor, spons, venes, fys, etc.) or animals (referring to cattle, pigs, chickens, chickens, sheep, wild pigs, vegetables, and vegetables, etc.) to inspect or examine the pathogens of the relevant infectious disease; (2) medical procedures and interview records of patients, etc. under Article 2 of the Act; and (3) announcement of examination and interview records of the relevant infectious disease;

B. Determination

In order for the defendant to fall under Article 18(3)2 of the Infectious Disease Prevention Act by submitting statements or data related to the number of participants in the meeting of this case and the list, the epidemiological investigation, which is the premise, shall be included in the definition of 'epidemiologic investigation' under Article 2 of the Infectious Disease Prevention Act, and shall be lawful according to the contents, time, and method of epidemiological investigation under Article 18(4) of the Infectious Disease Prevention Act and Articles 12 through 14 of the Enforcement Decree thereof.

According to the records of this case, the Daegu Metropolitan City Mayor demanded the defendant to be present at the meeting of this case. However, since it is difficult to view the above participants to fall under “patients with infectious diseases, patients with infectious diseases, and pathogen carriers,” as prescribed by Article 2 subparag. 17 of the Infectious Disease Prevention Act, the above personnel and request for list cannot be deemed to fall under “personal information (Article 1) of “patients with infectious diseases, etc.” (Article 2 subparag. 1). Moreover, it is difficult to view that the request for the submission of personnel and list falls under the date and place of outbreak of infectious diseases, etc., the infectious disease patients, etc., the cause and route of infection (Article 2 subparag. 2), the medical records for patients with infectious diseases, etc., the medical records for patients with infectious diseases (Article 4), and the matters related to the discovery of the cause of infectious diseases (Article 12(1)5). Therefore, the request for personnel and list do not fall under

Therefore, even if the defendant submitted false data or made a false statement on the request for submission of the personnel and list participating in the meeting of this case as stated in the facts charged, such act of the defendant cannot be deemed to violate Article 18(3) of the Infectious Disease Prevention Act.

3. Conclusion

Thus, since the charge of violating the Infectious Disease Control and Prevention Act among the facts charged in the instant case does not constitute a crime, the acquittal shall be pronounced pursuant to the former part of Article 325 of the Criminal Procedure Act, but the summary of the judgment shall not be publicly announced pursuant to the proviso of Article 58(2) of the Criminal Act.