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(영문) 인천지방법원 2020.08.21 2020고단3020
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 March 19, 2020, on the ground that the Defendant contacted with “conavi infection-19” among Class 1 infectious disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease disease of Michuhol-gu Incheon Metropolitan City, Michuhol-gu, Incheon Metropolitan City.

Nevertheless, the Defendant, from around 11:00 on March 29, 2020 to 17:00 on the same day, visited the family house of kind F located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, and did not comply with the above measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of public official in charge;

1. Notice on isolation;

1. Application of the Acts and subordinate statutes governing an accusation and inquiry reply;

1. Subparagraph 7 of Article 80 and Article 49 (1) 14 of the former Infectious Disease Control and Prevention Act (wholly amended by Act No. 17067, Mar. 4, 2020; hereinafter the same shall apply) on the relevant criminal facts;

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

1. In the event that the reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) is making efforts to prevent the spread of infectious diseases through the cooperation of both public agencies such as the State and local governments, and citizens, it is difficult to expect not only the Defendant but also any person who may harm the safety of all of them.

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