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(영문) 인천지방법원 2020.10.16 2020고단6770
감염병의예방및관리에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

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 June 20, 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. On June 21, 2020, the isolation period was taken from the head of Michuhol-gu Incheon Metropolitan City on the grounds of the prevention of “cona virus infection-19” from the head of Michuhol-gu Office of Michuhol-gu, Incheon Metropolitan City on the ground of the prevention of the “cona virus infection-19” of a new infectious disease after infectious disease, and the isolation period was taken from June 21, 2020 to July 4, 2020.

Nevertheless, the Defendant visited the Incheon Michuhol-gu D market on July 3, 2020 to 16:40 on the same day on the ground that he/she would help his/her father purchase goods outside his/her place of isolation, and such person did not comply with the measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of public official in charge;

1. Notice on isolation, and receipt thereof;

1. Application of the Acts and subordinate statutes on the written accusation;

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. A fine of three million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. In the event that the reason for sentencing under Article 59(1) of the Criminal Act is not only the Defendant but also the Defendant’s violation of the measure, which resulted from the following proposals: (a) where both public institutions, such as the State and local governments, and citizens, are making efforts to prevent the spread of infectious diseases with respect to the global outbreak of infectious diseases due to the lack of the reason for sentencing under Article 59(1) of the suspended sentence.

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