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(영문) 서울북부지방법원 2020.11.12 2020고단2987
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

The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to prevent the spread of an infectious disease upon the outbreak of the infectious disease in an appropriate place for a specific period, and no person shall violate such measures.

On May 29, 2020, the Defendant confirmed that he had contacted with the ascertainors of coaches or viruses, and received the notice of the name of the director of the Gangnam-gu Public Health Center from June 4, 2020 to June 12, 2020 that the Defendant was subject to isolation in his residence as an infectious disease examiner.

Nevertheless, at around 14:50 on June 11, 2020, the Defendant violated his own isolation measures, such as escaping from Gangnam-gu Seoul Metropolitan Government B and C, which is an isolated area, and visiting the control points located on the first floor of the same building.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of, and the status of, a charge for accusation or a person who has deserted without permission;

1. Notice of isolation and application of Acts and subordinate statutes governing receipt;

1. Article 79-3 of the Infectious Disease Control and Prevention Act applicable to the crimes and subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Act on the Prevention and Control of Contagious Diseases According to the Selection of Penalties;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have been committed despite the Defendant’s receipt of notice of isolation due to Corrona-19, and the crime’s nature is not less than that of the crime in light of social risk resulting from the violation of self-recoveration measures and social cost issues related thereto.

However, it appears that the risk of the violation is not realized because the defendant is not infected in the actual coro-19, and the reflective fact, etc. are considered as favorable circumstances for the defendant. In addition, the number and time of the violation of the notice of isolation, the place of isolation, the time and distance of the escape, the circumstances of the crime, etc., and all other conditions of sentencing as shown in the records and arguments.

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