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(영문) 수원지방법원 2020.09.16 2020고단5096
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.

On April 7, 2020, the Defendant entered the Republic of Korea through the Incheon Airport and was suspected to have contact with the patient with an infectious disease. On April 8, 2020, the Defendant was subject to the isolation measures from the Sungsung market on the isolation period from April 7, 2020 to April 21, 2020, and from the isolation period to the Gyeonggi-do, where the Defendant’s residence is the Defendant’s residence B.

Nevertheless, the Defendant, from around 11:30 on April 15, 2020 to 14:00, went out of his place of isolation to his place of mutual incomprehion C D’ and to his nearby F market, etc., and did not comply with the measures of isolation.

Summary of Evidence

1. Report on the occurrence of persons who have escaped from unauthorized transfer of the defendant's legal statement, the defendant's written accusation at the head of the public health clinic G, and the status of measures;

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

1. Violation of the relevant Article on criminal facts, subparagraph 5 of Article 79-3, subparagraph 3 of Article 47 (Violation of Self-Isolation Measures for Prevention of Communicable Diseases) of the former Infectious Disease Control and Prevention Act (amended by Act No. 17475, Aug. 12, 2020; hereinafter “Communicable Disease Control and Prevention Act”), and subparagraph 5 of Article 79-3 and Article 49 (1) 14 (Violation of Self-Isolation Measures for Prevention of Infectious Diseases) of the Infectious Disease Control and Prevention Act (Violation of Self-Isolation Measures for Prevention of Infectious Diseases)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant crime on Article 334(1) requires social costs, such as disinfection in the F customary market, and in light of the high infectiousness of crocities or 19 infectious diseases.

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