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(영문) 대전지방법원 천안지원 2021.01.19 2020고단2536
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

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 keep the heart of an infectious disease hospitalized or isolated at an appropriate place for a certain period in order to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures.

On August 26, 2020, the Defendant was notified of an isolation measure that “the Defendant shall be isolated from the Defendant and shall not break away from or move to his isolation place,” from August 25, 2020 to September 1, 2020, on the ground that the Defendant’s dwelling place in the Defendant’s apartment B apartment house C was in contact with his nose or 19 infectious disease patients and constitutes a person who suffers from infectious disease.”

Nevertheless, from around 14:00 on August 31, 2020 to 14:30 on the same day, the Defendant violated the measures of isolation, such as digging away from the Defendant’s own person and digging away from the above apartment in the nearby garden.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A certificate of isolation notification and receipt of isolation notification;

1. Application of Acts and subordinate statutes to the investigation report (as to the statement of a wooden person);

1. Subparagraph 5 of Article 79-3 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020); or Article 79-3 of the same Act, etc., as of September 5, 2020 (wholly amended by Act No. 17067, Sep. 4, 2020); and Article 79-3 of the same Act, etc., of the same Act, have already been implemented one month after its promulgation (Supplementary Rule)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing under Article 62(1) of the suspended sentence of the Criminal Act recognizes and reflects the defendant's mistake, and it is the first offender, taking into account the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case.

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