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(영문) 인천지방법원 2020.11.20 2020고단7720
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 the infected in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

Around June 24, 2020, the Defendant was suspected of having contacted with a patient with an infectious disease, and around July 4, 2020, the isolation period was taken by the head of Michuhol-gu Incheon Metropolitan City, from July 4, 2020 to July 8, 2020, by a person who is under the jurisdiction of Michuhol-gu, Incheon, where the place of isolation was the Defendant’s residence, and a person who is under the jurisdiction of the head of Michuhol-gu, Incheon, or C, where the place of isolation was the Defendant’s residence.

Nevertheless, the Defendant, from July 5, 2020 to 22:30 on the same day, failed to comply with the above measures for the isolation of Michuhol-gu Incheon, Michuhol-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of public official in charge;

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

1. Article 79-3 Subparag. 5 of the Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 2020) and Article 49-3 Subparag. 14 of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17475 of Aug. 12, 202), the selection

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

1. Where the reason for sentencing under Article 334(1) of the Criminal Procedure Act is to prevent the spread of communicable diseases with respect to the global outbreak of communicable infectious diseases on the ground of the sentencing of Article 334(1) of the Provisional Payment Order, where both the State, local governments, and public institutions and citizens cooperate and endeavor to prevent the spread of communicable diseases, a violation of measures resulting from the idea of “I, at all, be punished,” such as the instant crime, is likely to cause an unexpected result not only by the Defendant but also by all.

. These circumstances.

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