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(영문) 수원지방법원 안산지원 2021.01.14 2020고단3366
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of three 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 persons who have suffered from infectious diseases in an appropriate place for a certain period, and no person shall commit any act in violation of such measures.

Nevertheless, the Defendant, upon entering China from May 9, 2020 to May 23, 2020, violated isolation measures, such as sending notice from the Ansan Market to the time from May 9, 2020 to the time from May 23, 202, that “it is to be isolated from the building B in Ansan-si from May 9, 2020 to the time from May 23, 2020 to the time from May 12:23, 2020 to the time from May 16:06 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the receipt of the notice of isolation and the receipt of the notice of isolation, the occurrence of missing persons without permission, and the report on the status of measures taken; and

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. In light of the importance of personal and social preventive efforts to prevent the spread of infectious diseases that a person with reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order may commit a violation of the duty of isolation, the criminal liability of the defendant is not easy.

In addition, in consideration of various sentencing conditions, such as the fact that the period of suspension of execution due to the previous convictions at the time of the crime of this case, the time of violation of duties, reflection of activities, and the fact that the defendant has been judged by voice as a result of the examination of Epis infection, the punishment as ordered shall be determined

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