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(영문) 서울남부지방법원 2021.02.18 2020고단6535
감염병의예방및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

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, such as hospitalized or isolation of a person who suffers from an infectious disease at an appropriate place to prevent the spread of the infectious disease upon the outbreak of the infectious disease, and no person shall violate such measures.

Around August 29, 2020, the Defendant received a notice of isolation under the name of the head of Yangcheon-gu Seoul Metropolitan Government head of the public health clinic in Yangcheon-gu Seoul Special Metropolitan City from September 7, 2020 to September 12, 2020, stating that he/she visited cona or 19 infectious disease patients from cona or 19 infectious disease patients, and that he/she remains in the name of the defendant in Yangcheon-gu Seoul Metropolitan Government from September 7, 2020 to September 12, 2020.

Nevertheless, on September 14:30, 2020, the Defendant went home from around 21:10 of that day to around 21:30 of that day, from around 14:30 of September 8, 2020 to around 22:10 of that day, and from around 09:00 of September 9, 2020 to around 20:00 of that day, and thus, violated the measures of isolation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the statutes governing isolation notice;

1. Article 79-3 Subparag. 5 of the Act on the Prevention and Control of Infectious Diseases (amended by Act No. 17475 of Aug. 12, 2020) and Article 47 Subparag. 3 (amended by Act No. 17475 of Aug. 12, 202) of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 202) aggravated concurrent crimes under Article 37 (former part), Articles 38(1)2 and

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the probationary sentence is to be imposed by taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, sex, conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, including the following circumstances.

Unfavorable circumstances: The risk of the spread of infectious diseases is likely to be criticized in violation of isolation measures in national disaster situations caused by coaches or viruses.

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