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(영문) 인천지방법원 2020.08.21 2020고단4042
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

In order to prevent infectious diseases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to hospitalize or isolate the infected in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

On April 12, 2020, the Defendant was a person suspected of having contacted with a patient with an infectious disease after entering the Republic of Korea through the Incheon Airport. Around April 12, 2020, the isolation period was taken from April 12, 2020 to April 26, 2020; the isolation period was taken by the head of Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, the Defendant’s residence, and a person who is a building B or C, the Defendant’s residence.

Nevertheless, the Defendant, from April 13, 2020 to 13:55 on the same day, visited the E points located in Incheon Southern-gu, Incheon, by escaping from his/her person, and did not comply with the above measures for isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Notice on isolation;

1. Application of Acts and subordinate statutes of photographic Acts and subordinate statutes by reporting internal affairs (No. 6 times in the order of evidence), closures;

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

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

1. Where the reason for sentencing under Article 334(1) of the Criminal Procedure Act is to prevent the spread of communicable diseases with respect to the global outbreak of communicable infectious diseases on the ground of the sentencing of Article 334(1) of the Provisional Payment Order, where both public institutions, such as the State and local governments, and citizens cooperate, and efforts are made to prevent the spread of communicable diseases, a violation of measures resulting from the idea of “I am fine as in the instant crime,” such as the instant crime, is likely to cause an unexpected consequence not only by the Defendant but also by all.

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