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(영문) 광주지방법원 2020.11.19 2020고단4940
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 to place the infected person hospitalized or isolated at an appropriate place for a fixed period in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person subject to

On September 8, 2020, the Defendant was notified by the head of the Dong-gu Seoul Metropolitan City from September 8, 2020 to September 18, 2020 that the Defendant’s residence of the Defendant should be isolated from Seo-gu, Seo-gu, Seoul, a residence of the Defendant from September 8, 2020 to September 18, 2020.

Nevertheless, for cash withdrawal from September 10, 2020 to 14:00 on the same day, the Defendant violated measures of isolation by visiting Do newsletter to the C Bank salt farm branch located in Seo-gu in Gwangju, Seo-gu without justifiable grounds, and leaving his residence, which is the place for the self- quarantine designation, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Withdrawal of a person without permission from the relevant person and reporting on the result of measures;

1. Application of Acts and subordinate statutes of quarantine notice;

1. Article 79-3 of the Infectious Disease Control and Prevention Act applicable to the crimes and subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Act on the Prevention and Control of Contagious Diseases According to the Selection of Penalties;

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

1. The defendant's act of sentencing reasons under Article 334 (1) of the Criminal Procedure Act of the provisional payment order increases the risk of spreading infectious diseases and thus has a high possibility of criticism.

However, in consideration of the fact that the defendant was not a person in close contact with the coina or the infection with virus and was judged by the voice, the circumstances leading up to the crime of this case may be taken into account, and the defendant's mistake is divided, the defendant shall be punished by a fine.

The amount of the fine shall be determined as per Disposition in consideration of the sentencing cases of the same kind of crime.

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