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(영문) 수원지방법원 2020.11.04 2020고단5097
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 Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to hospitalize or isolate the infected in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

On April 6, 2020, the Defendant entered the Republic of Korea through the Incheon Airport and was suspected to have contact with the patient with an infectious disease. On April 7, 2020, the Defendant was subject to isolation measures by a person who, “from April 6, 2020 through April 20, 2020 to April 20, 2020,” and a place of isolation as “B apartment in the Gyeonggi-do Suwon-si Area B apartment in the Suwon-do.”

Nevertheless, the Defendant, from around 20:59 to 22:03 on April 13, 2020, went out from the place of isolation to the E branch located in the Yongsan-si area D, and did not comply with the measures of isolation.

Summary of Evidence

1. Application of the F’s written accusation of the Defendant’s legal statement, CCTV photographs of isolation notice, and the Acts and subordinate statutes governing the entry and departure of Mat;

1. Violation of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 2020; hereinafter “Aggravated Disease Control and Prevention Act”) under each of the relevant laws regarding criminal facts under Article 79-3 subparag. 5, Article 47 subparag. 3 (Violation of Self-Isolation Measures for Prevention of Communicable Diseases) and Articles 79-3 subparag. 5 and 49 (1) 14 (Violation of the Act on the Prevention and Control of Infectious Diseases)

1. Selection of a fine to choose a sentence under Articles 40 and 50 of the Commercial Concurrent Crimes Act (see, e.g., overall circumstances, including the following: (a) the defendant has repented and reflected the crime of this case in depth; (b) the defendant has worn a ske without the passage of time from his home, who is an isolation place; (c) the fact that the defendant was actually infected or seems not to have been additionally infected due to the crime of this case; and (d) the first offender who

1. The Criminal Act for the detention of a workhouse;

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