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(영문) 인천지방법원 2018.06.08 2017고합524

정신보건법위반등

Text

Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 2, 2015, Defendants are people working for the H hospital in charge of medical care and protection, which was established as a specialized department for mental health.

1. Defendant A

(a) The heads of mental health facilities or employees thereof shall be prohibited from assaulting or treating mentally ill persons hospitalized in or admitted to the mental health facilities or using the facilities;

Nevertheless, the Defendant assaulted a mentally ill person hospitalized in the above H hospital at the closed ward of the H hospital in Incheon I as follows.

순번 일시 장소 피해자( 나이) 사건 개요 1 2016. 8. 23. 경 H 병원 현관 J(39 세) 피해자가 입원하면서 피고인의 얼굴을 툭 치자 화가 나 피해자에게 욕설을 하면서 주먹으로 피해자의 얼굴 부분을 3회, 배와 옆구리 부분을 9회 때림 2 2016. 8. ~ 9. 경 H 병원 격리실 J(39 세) 피해 자가 격리실에서 피고인에게 물을 달라고 큰소리를 쳤다는 이유로 주먹으로 피해자의 얼굴과 가슴 부분을 각 1회 때림

B. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as “Special Cases Concerning the Punishment, etc. of Sexual Crimes against Persons with Disabilities”) 1) The Defendant stated that the victim L (n, 26 years old), who is the patient of the above hospital, in front of the first floor male toilet of the above HH hospital, “the patient is living together with another patient,” and rather, the Defendant would go to the other patient rather than having the other patient when the patient is at the time without having to do so.

The phrase “the victim forced the victim to grow frighten,” and the victim forced to put frighten.

2) On May 2016, the Defendant: (a) told the above victim, who was frighted in the bed room at the heading room 106, the closure of the above H Hospital, and (b) told the victim to kis; (c) the victim’s kis, by hand, became only the part of the victim’s chests.

Accordingly, the defendant has two times a mental disability subject to protection and supervision as a person who is engaged in a facility for the purpose of protecting and educating persons with disabilities.