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(영문) 의정부지방법원 2012.11.07 2012고합119

폭행치사등

Text

Defendant

A A A A shall be punished by a fine of KRW 5 million, by a fine of KRW 1 million, and Defendant B shall be punished by a fine of KRW 3 million.

Reasons

Punishment of the crime

1. Defendants A and B are guardians who work in the Ethical House at the time of the Gu Government.

Defendant

A On April 1, 2011, around 18:30 on April 1, 201, Defendant A: (a) placed the Victim F (42 years of age, n) in an isolation room of five members E; (b) placed the Victim F in an isolation room of five members of E; and (c) placed the Victim’s bridge and the pelvis in order to prevent the Victim from resisting, Defendant A used his body, and assaulted the Victim.

(b) The imposition of physical restrictions, such as isolation or binding of a patient A or B, shall be limited to cases where, considering the symptoms of the patient, the patient or his/her surrounding person is highly likely to pose a high risk, and it is evidently difficult to avoid the risk by any means other than physical restrictions, with the intention of reducing the risk to the minimum extent and treating or protecting the patient. In cases where the head or his/her employee of a mental medical institution, etc. imposes physical restrictions, such as isolation or restraint of the patient according to the above conditions, he/she shall follow the instructions of a psychiatrist, and shall

Defendant

A, from around 18:30 on April 1, 201 to 19:20 on the same day, from around 18:30 to around 19:20 on the same day, at the isolation room of the five floor E, on the ground that the victim F left three hours, without the direction of a psychiatrist, isolated the victim without the direction of a psychiatrist, imprising the victim’s s/he was deprived of his her s/ her s/ her her her her her her her her her hers/ her her her her/ her her her/ her her/ her her her/ her her her

2. Defendant C is the president of the Council, who is a person in charge of victim F, and is engaged in the patient’s medical treatment and protection duty.

Where two persons responsible for protection of mentally ill persons consent and a psychiatrist deems that hospitalization, etc. is necessary, the relevant mentally ill person shall be hospitalized, etc.