A. Fact-finding ① There is no fact that Defendant B promised to provide money and valuables to the elderly I and J as stated in the facts constituting a crime in the original judgment and enticed them to medical institutions by providing transportation convenience.

② Although it is not clear whether the Defendants were mentally ill under the Mental Health Act, the Defendants were hospitalized in the closed mental ward with the consent of I and J as they judged that internal treatment is necessary.

In addition, there is no fact that Defendant A was involved in the hospitalization of Defendant A and J in the closed mental ward protection room.

③ Inasmuch as the facts constituting a crime against Defendant B and A in the judgment of the court below fall under all of the facts constituting a crime, the judgment of innocence should be rendered against Defendant C.

B. In light of the legal principles, the Defendants obtained the consent of I and J, and thus, there were justifiable grounds for legal errors by determining that there is no problem even if I and J were hospitalized in the closed mental ward protection room.

In addition, the illegality of the defendants' act constitutes a legitimate act under Article 20 of the Criminal Code.

② The protocol of statement by I and J is inadmissible as it cannot be deemed that it was stated in “in a particularly reliable state” as the requirement under Article 314 of the Criminal Procedure Act.

C. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of two million won, Defendant B: imprisonment with prison labor for 10 months, suspended execution for 2 years, community service order 120 hours, Defendant Incorporated Foundation C: a fine of five million won) is too unreasonable.

2. Determination

A. The legislative intent of the Mental Health Act and the procedure for hospitalization of a mentally ill person are to contribute to the improvement of the mental health of citizens by prescribing necessary matters concerning the prevention of mental illness and the medical treatment and rehabilitation of mentally ill persons (Article 1 of the Mental Health Act). The most important purpose of the Mental Health Act is to provide treatment and appropriate treatment to mentally ill persons.

The basic concept of the Mental Health Act is human dignity and human dignity.