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(영문) 부산지방법원 2021.01.21 2020고단4261
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 who has received such measures shall violate such measures.

On August 10, 2020, the Defendant entered the Republic of Korea through the Incheon International Airport, and received a notice of isolation under the name of the head of the Busan Metropolitan City head of the Gu, stating that “A public official in charge of the Gu Office of the Busan Metropolitan City (such as a person who is likely to be infected by exposure to risk factors, such as the 1st infectious disease, Corro or chloro, scale -19 pathogens, etc.)” was issued by a public official in charge of the Gu Office of the Busan Metropolitan City, who is in charge of the Gu Office of the Gu Office of the Metropolitan City, to the effect that “A person is isolated from August 10, 2020 to August 12, 24, 2020.”

Nevertheless, on August 11, 2020, the Defendant violated the isolation measures without justifiable grounds, such as exceeding 20:00 to 20:30 of the above residence, and visiting the nearby motherel.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation filed by the head of the Gu with the head of the Gu with the investigation report (excursion ship interviews with enforcement public officials);

1. Application of Acts and subordinate statutes governing receipt of isolation notice;

1. Article 79-3 subparag. 5 of the Act on the Prevention and Control of Infectious Diseases (amended by Act No. 17472 of Aug. 11, 2020) and Articles 49-3 subparag. 14 and 49(1)14 of the former Infectious Disease Control and Prevention Act (amended by Act No. 17472 of Aug. 1, 202)

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

1. In the situation of national disasters caused by Article 334(1) of the Criminal Procedure Act, the reason for sentencing of Article 334(1) of the Criminal Procedure Act, thereby complying with the quarantine measures of the health authorities in good faith is absolutely necessary to prevent the spread of infectious diseases and to maintain the control power of the disease control network.

Nevertheless, the defendant is isolated by arbitrarily leaving his/her residence, visiting the neighboring motherel, etc.

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