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(영문) 수원지방법원 2020.10.07 2020고단5090
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

Criminal facts

The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to prevent the spread of an infectious disease upon the outbreak of the infectious disease in an appropriate place for a specific period, and no person shall violate such measures.

The defendant is classified as a contacter of coaches or 19 confirmed patients around June 30, 2020, and constitutes an infectious disease victim from the tolerance market, from June 29, 2020 to the same year.

7. From October 12:00 to the Defendant’s dwelling place, by the time of isolation, a notice of isolation of the Defendant’s wife population B apartment (Evidence No. 5) and “E apartment” as stated in the indictment appears to be clearly clerical error, and thus, a correction is made. A quarantine notice with the content of isolation as “C” was received.

Nevertheless, the defendant from July 1, 2020 to the same month.

2. From around about 25 minutes to around 00:12, the above defendant's home has deserted from the above defendant's home to write down the surrounding apartment, and the same month;

3. From 22:58 to 23:11 on the same day, the above Defendant left his home for about ten minutes, and went away from the isolation place, such as a garbage bag and a woman coming from the marina, etc. in the above apartment complex, and violated the isolation measures twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to a written statement of the defendant's legal statement, a written confirmation of on-site inspection by an isolatione, a notice of isolation to CCTV photographs from an isolation site;

1. Violation of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475 of Aug. 12, 2020; hereinafter “Aggravated Disease Control and Prevention Act”) under each of the relevant laws regarding criminal facts under Article 79-3 subparag. 5, Article 47 subparag. 3 (Violation of Self-Isolation Measures for Prevention of Communicable Diseases) and Articles 79-3 subparag. 5 and 49 (1) 14 (Violation of the Act on the Prevention and Control of Infectious Diseases)

1. In this case, the defendant who is selected as a selective fine under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes.

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