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(영문) 광주지방법원 해남지원 2018.12.20 2017고단138

정신보건법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On August 25, 2016, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme) at the Seoul High Court (Seoul High Court). The judgment became final and conclusive on September 2, 2016.

[Criminal facts] The Defendant, a mental health facility in Jung-gu Seoul Metropolitan Government, worked as a guardian at the “D mental health clinic”, and performed duties such as movement of hospitalized patients, meals, and support for living.

The head of a mental health facility or any person engaged in such facility shall not assault or harshly treat a mentally ill person hospitalized in, or admitted to, a mental health facility or using a facility.

1. On February 27, 2015, the Defendant conspiredd with E and F on February 27, 2015, in collusion with the Defendant, and around 11:27 on February 27, 2015, the Defendant left the third floor of male bottled room of the above member on the third floor of the council member, on the ground that the G spits down on the floor of the living room where the G hospitalized in the isolation room in cooperation with him/her at the isolation room on the day, without the specific direction and supervision of the president H, he/she forcedly put G on the bed, without the direction and supervision of the doctor, and prevented him/her from driving his/her body in the way of binding both arms and legs, and the breast part of his/her body by force on the part of the isolation room. From November 19 to April 44, 2015 on the same day, the Defendant left his/her body as it is without any movement and any other movement.

Accordingly, the Defendant conspiredd with E and F to harshly treat G.

2. On February 27, 2015, the Defendant conspired with E to commit the crime, at the same place around 19:25 on February 27, 2015, and at the same time, at the same time on February 27, 2015, the Defendant restricted the request for external telephone without any justifiable reason. Accordingly, the said G placed G on a forced ground on the part of the isolation room without any specific direction, supervision, and supervision of the president H, who is the intent to raise his/her hand, and prevented him/her from leaving his/her body by coercioning his/her body by force on the part of the isolation room, and preventing him/her from leaving his/her body by force on the part of the two arms and legs, two legs, and the breast part of the breast part, and for about 12:16 minutes until April 1 of the following day.