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(영문) 인천지방법원 2020.10.23 2020고단5194
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of two 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 18, 2020, the Defendant entered the Republic of Korea through the Incheon Airport and was suspected of having contacted with the patient with an infectious disease. On April 18, 2020, the Defendant received measures of isolation from the head of Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, for preventing the “conavi infection-19” of the new infectious disease after infectious diseases, from April 18, 2020 to May 2, 2020, for the isolation period was taken by a person who is under the jurisdiction of the Defendant, Nam-gu, Incheon. B and C, the Defendant’s residence.

Nevertheless, on May 1, 2020, the Defendant visited the Korea Administrative Welfare Center in Nam-gu Incheon Metropolitan City by leaving the place of isolation and did not comply with the above measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notice on isolation;

1. The screen of the closure of text messages (No. 4 times the evidence);

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

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. In the event that the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is making efforts to prevent the spread of infectious diseases through the cooperation of both public agencies such as the State and local governments, and citizens with respect to the global outbreak of infectious diseases on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, the draft “I am fine as in the instant crime,” which means that “I am fine as in the instant crime,” as well as the Defendant, may be prejudicial to the safety of both.

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