(영문) 서울중앙지방법원 2021.1.12. 선고 2020고단4457 판결

Defendant shall be punished by a fine of KRW 3,00,000 (three million). If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

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 ensure that infected soldiers are hospitalized or isolated at an appropriate place for a certain period, and no person shall violate any measure of isolation accordingly.

On May 11, 2020, the Defendant was notified on May 4, 2020 that he was subject to self-recoveration measures from May 11, 2020 to May 18, 2020 by the head of the Dongjak-gu Seoul Metropolitan Government Public Health Center on the ground that he contacted with cona 19 was in contact with cona.

1. Violation of isolation measures on May 11, 2020

On May 11, 2020, the Defendant went away from the Dongjak-gu Seoul Metropolitan Government D Apartment E, a quarantine place, and visited the house of a branch of a person F in the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, from that time until he returned to the house around 06:0 on May 13, 2020.

2. Violation of isolation measures on May 14, 2020

On May 14, 2020, the Defendant departed from the Dongjak-gu Seoul Metropolitan Government D apartment E, which is an isolation place, from that time, from that time until May 15, 2015, and visited the house of a person located in the Hongcheon-gun, Hongcheon-gun, including the statement in paragraph (1), from that time until May 14, 2015, and continuously violated the measures of isolation on May 15, 2020, by visiting the Han River Park at 474-1, Dongjak-gu, Seoul, and its house. The summary of the steam was confirmed by visiting the Han River Park at 16:00, May 16, 202.

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each statement of G and H;

1. Request for investigation, a notice of isolation, a location information file, a fact-finding reply to the Dongjak-gu public health clinic of Dongjak-gu (the defendant asserts to the effect that he was unaware of the subject of self-Isolation at the time. However, in full view of the above evidence, such as the public official’s testimony and telephone call details, the defendant can sufficiently be recognized that the authority’s notification of isolation has been properly made, and thus, rejected

Application of Statutes

1. Article applicable to criminal facts;

Article 79-3 Subparagraph 5 of the Infectious Disease Control and Prevention Act and Article 49 (1) 4 of the same Act.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.