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(영문) 청주지방법원 2021.01.13 2020고단2126
감염병의예방및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to prevent infectious diseases, the head of a Si/Gun/Gu, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures, such as hospitalized or isolation of persons who suffer from infectious diseases in an appropriate place for a specific period, and no person shall violate such measures.

On September 14, 2020, the Defendant entered China, and received a notice of isolation from the Seowon Health Center in the Cheongju-si around September 15, 2020 to September 28, 2020 that “a measure of isolation” was taken from September 14, 2020 to September 28, 2020.

Nevertheless, the defendant

1. From around September 22, 2020 to around five minutes, the above defendant left his/her residence, which is an isolation place, and the defendant left the apartment stairs of the above defendant's residence and went into the apartment stairs of the above defendant's residence, violates the measures of isolation;

2. From around 10:24 on September 2, 2020 to around 5 minutes, the Defendant left his/her residence and went to the parking lot located in the above Defendant’s residence and violated his/her isolation measures; and

3. On September 22, 2020, around 10:43, around 21, 2020, the Defendant left his residence, who was an isolation place, and visited the “E Council member” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and violated the measure of isolation.

Summary of Evidence

1. Statement F of the defendant in court;

1. Application of Acts and subordinate statutes to file an accusation, a notice of isolation, the occurrence of unauthorized leaveers, and report on the status of measures;

1. Article 79-3 Subparag. 5, Article 47 Subparag. 3, and Article 49(1)14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475, Aug. 12, 2020) on criminal facts and the former Infectious Disease Control and Prevention Act (amended by Act No. 17475, Aug. 12, 202);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. From one month to one year and six months of imprisonment with prison labor within the applicable sentencing range in Acts; and

2. Six months of imprisonment with prison labor for a decision of sentence, two years of suspended sentence, and two years of suspended sentence: Visiting to hospitals with a large amount of social anxiety and risk caused by the spread of infectious diseases;

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