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(영문) 수원지방법원 2021.01.27 2020고단7251
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 persons who have suffered from infectious diseases in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

On August 13, 2020, the Defendant was subject to quarantine measures by a person who is in the isolation area B and C, with the isolation area “from August 15, 2020 to August 25, 2020,” and the isolation area “Saero si B and C,” respectively.

Nevertheless, on August 17, 2020, from around 16:36 to 20:39, the Defendant left an isolation place, and taken up the vicinity of the Suwon-si flooded area, and visited the “E” store located in the same Gu and carried out the measures of isolation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on investigation (a statement by a public official in charge of accusation) and a report on investigation (as to the distance between isolation place and E store);

1. A written accusation;

1. Application of Acts and subordinate statutes to CCTV photographs at isolation sites;

1. Article 79-3 Subparag. 5, Article 47 Subparag. 3, and Article 49(1)14 of the Act on the Prevention and Control of Infectious Diseases (amended by Act No. 17475 of Aug. 12, 2020), the selection of fines for criminal facts, and the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances - A person of a competent authority to prevent the spread of a communicable disease due to the 19th outbreak or the prevalence of the 19th century is not less liable for the violation of measures, such as isolation.

- The defendant was aware of the crime of this case and reflected in the favorable circumstances.

- the defendant shall be subject to a fine.

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