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(영문) 인천지방법원 2020.09.11 2020고단5546
감염병의예방및관리에관한법률위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay a fine, only one million 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 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 May 21, 2020, the Defendants entered the Republic of Korea through the Incheon Airport and suspected of having contact with the patients with infectious diseases. On May 22, 2020, the Defendants received measures for isolation from May 21, 2020 to June 24, 2020, for the prevention of “conavi infection-19” from the head of Yeonsu-gu Incheon Metropolitan City Health Center entrusted with the duties of preventing class 1 infectious diseases by the head of Yeonsu-gu Incheon Metropolitan City Health Center, which was delegated with the duties of preventing class 1 infectious diseases.

Nevertheless, the Defendants, from June 4, 2020 to 14:50 on the same day, did not comply with the measures of isolation by moving the Defendants to nearby bread houses and mobile phone agents outside their place of isolation.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation against a violator of the Infectious Disease Control and Prevention Act and a written accusation;

1. Application of Acts and subordinate statutes of quarantine notice;

1. Article 79-3 subparagraph 5 of the Infectious Disease Control and Prevention Act, and Article 49 (1) 14 of the Act on the Prevention and Control of Infectious Diseases, the choice of fines, and the selection of fines for crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the last day of the measure of isolation by the Defendants, the second Corro virus infection-19, immediately after being notified of the voice decision, and the time when the place of accounting was separated, and the reasons for their return;

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