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(영문) 서울남부지방법원 2020.10.08 2020고단3777
감염병의예방및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures, such as hospitalized or isolation of the infected in an appropriate place, for a fixed 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

Around June 10, 2020, the Defendant contacted the patients with C of Guro-gu Seoul Metropolitan Government, with Corrona 19 infectious disease, and revised the facts charged according to the Defendant’s legal statement on June 18, 2020. However, according to the records, the previous facts charged are consistent with the evidence, and there is no disadvantage to the Defendant, and thus, the Defendant received a separate notice from the public official in charge of the Guro-gu Seoul Metropolitan Government Guro Public Health Center to partially revise the facts charged ex officio, on June 18, 2020 to June 24, 2020.

Nevertheless, from June 19, 2020 to 15:00 on the same day, the Defendant visited G offices, using subways, etc., with the details of transmission in Gyeonggi-si, and from June 20, 2020 to June 20, 2020, from around 09:00 to 17:30 on the same day, the Defendant violated measures for isolation by returning home after visiting the details of transmission, G office, and G training institute located in H in Gyeonggi-si, Gyeonggi-do, with the subway, etc., and returning home.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to file a criminal charge against a person who has been infected with coaches or 19 infection without permission for isolation, written confirmation, and receipt of a written notice of isolation;

1. Article 79-3 of the Infectious Disease Control and Prevention Act, subparagraph 5 of Article 79-3 and subparagraph 3 of Article 47 of the Infectious Disease Control and Prevention Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

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