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(영문) 서울남부지방법원 2020.11.05 2020고단4840
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, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to prevent the spread of an infectious disease upon the outbreak of the infectious disease in an appropriate place for a specific period, and no person shall violate such measures.

around June 8, 2020, the Defendant is required to isolate the Defendant from his public official in charge and not to move away from or move to his isolation place, on the ground that the Defendant was in contact with or is suspected of having contacted with crona 19 infectious disease patients at the residence of the Defendant of Gangseo-gu Seoul Metropolitan Government B and C, and constitutes the infectious disease patients due to suspicion of contact with crona 19 infectious disease patients.

“A measure is notified of isolation with the content thereof.”

Nevertheless, around 07:00 on June 22, 2020, the Defendant left the Defendant and went at the work site of Gangseo-gu Seoul Metropolitan Government and violated the measures for isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against a person who deserts or 19 self-recovered without isolation;

1. Details of accusation against a person who is separated from his/her own or her own, (the head of a dental health center);

1. Application of statutes on an epidemiological investigation report;

1. Article 79-3 of the Infectious Disease Control and Prevention Act, subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Infectious Disease Control and Prevention Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is serious in light of the following: (a) the Defendant was notified of isolation on the ground that he/she directly contacted his/her coaches or the person who was adjudicated to train him/her; (b) the Defendant was also determined to train him/her; and (c) the Defendant was also determined to train him/her; and (d) the possibility

However, the fact that the defendant acknowledges and reflects the crime, there is no criminal record that may be considered in the sentencing, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, background, means and consequence of the crime, and the circumstances after the crime.

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