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(영문) 대전지방법원 천안지원 2021.02.18 2020고단2942
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 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 October 17, 2020, the Defendant was notified of an isolation measure from the public official in charge, stating that “The Defendant shall be isolated from the Defendant’s person from October 17, 2020 to October 12, 25, 2020, and shall not leave or move away from the isolation place,” on the ground that the Defendant’s dwelling at the Defendant’s dwelling located in the building B in the Asan City building C constituted a person who suffers from an infectious disease by having contacted his nose or 19 infectious disease patients.”

Nevertheless, around 15:00 on October 18, 2020, the Defendant violated isolation measures, such as leaving the Defendant’s residence and putting up roads adjacent to his residence for about one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, the occurrence of a person who deserts from office, and the report on the status of measures;

1. Application of Acts and subordinate statutes to a copy of a receipt of isolation notice;

1. Article 79-3 subparag. 5, Article 47 subparag. 3, and Article 49 subparag. 14 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020) on criminal facts and Article 79-3 subparag. 5, Article 47 subparag. 3, and Article 49 subparag. 14 (Optional to Imprisonment)

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act recognize and reflects the defendant's mistake, and the primary offender is the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case, such as the time, place and circumstance of the escape of this case, and other factors of sentencing as indicated in the argument of this case.

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