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(영문) 부산지방법원 2020.10.22 2020고단3190
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

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 at an appropriate place for a certain period, or take some measures necessary therefor, and no person who has received such measures shall

On April 18, 2020, the Defendant visited the “C” located in Busanjin-gu, Busan around the new wall.

On April 25, 2020, the Defendant constitutes an infectious disease victim since April 25, 2020 since the head of the Gu of Busan Metropolitan City, because he/she fell under the case where he/she visited the above C around the new wall on April 18, 2020 or the case where the East line overlaps with that of the above C, the Defendant constitutes an infectious disease victim from April 25, 2020 to an infectious disease victim.

5.2. Persons who are isolated in the above residence until now;

“A notice of isolation has been issued.”

Nevertheless, at around 14:00 to 14:20 on April 27, 2020, the Defendant violated the quarantine measures without justifiable grounds, such as walking away from the above residential area and walking along the street in the vicinity.

Summary of Evidence

1. The public official’s statement in F’s statement in the Defendant’s legal statement (No. 7 No. 5 of the evidence list), the public official in charge of G who is responsible for the management of the person in charge of G, the quarantine notice (in response to requests for investigation cooperation) and the application of statutes

1. Article 79-3 Subparag. 5 of the Infectious Disease Control and Prevention Act (amended by Act No. 17472 of Aug. 11, 2020) and Article 49(1)14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17472 of Aug. 11, 2020), the selection

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

1. In the national disaster situation due to the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, it is absolutely necessary to prevent the spread of infectious diseases and to maintain the control power of the quarantine network to faithfully comply with quarantine measures by the health authorities.

Nevertheless, the defendant is living in his/her place of residence without justifiable grounds during his/her isolation.

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