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(영문) 대전지방법원 서산지원 2021.02.04 2020고단1135
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

In order to prevent infectious diseases, the Director of the Korea Centers for Disease Control and Prevention, a Mayor/Do Governor, or the head of a Si/Gun/Gu, who has been delegated by the Minister of Health and Welfare, shall take measures to hospitalize or isolate persons suffering from infectious diseases in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with the above measures.

On July 5, 2020, the Defendant entered the Republic of Korea through the Incheon Airport and was suspected of having contacted with the patient with an infectious disease. Around July 5, 2020, the quarantine period was determined as “from July 5, 2020 to 24:00 on the day from July 5, 2020 to 14:00 on the day from July 5, 2020,” by the Director of the Korea Centers for Disease Control and Prevention, on the ground of the prevention of “coin or scale -19.” The Defendant was isolated by a person who is in the Republic of Korea where the Defendant resides.

Nevertheless, from 16:00 on the same day to 17:00 on the same day, the Defendant exceeded the above isolation space and visited “D” stores in Jin-si C, and visited the same month.

6. From 10:30 to 10:40 on the same day, the said person visited the said “D” store and did not comply with the measures of isolation.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation and public notice;

1. Application of the statutes governing isolation;

1. Relevant Article of the Act on the Prevention and Control of Infectious Diseases, Articles 79-3 (5) 5 and 49 (1) 14 of the Infectious Disease Control and Prevention Act concerning the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant guilty of Article 334(1) of the Criminal Procedure Act provides for a penalty of KRW 3 million upon receipt of a notice by the Minister of Justice to the effect that the Defendant violated an order of restriction, such as the scope of activities, etc. received from the Minister of Justice pursuant to Article 22 of the Immigration Control Act. The issue is whether punishing the Defendant in this case constitutes double punishment. However, the Infectious Disease Prevention Act and the Immigration Control Act are applicable, the purport of the system, and measures that the administrative authorities may impose.

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