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(영문) 창원지방법원 밀양지원 2016.07.21 2015고단429

정신보건법위반

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From September 2006 to February 2, 2015, the Defendant served as a guardian who manages hospitalized patients by assisting the doctor and nurse at a hospital, which is a mental health facility in the Dannam-gun, who was in the mental health facility in the Donnam-gun, and was in charge of the management of hospitalized patients.

A worker in a mental health facility shall not assault or harshly treat a mentally ill person hospitalized in or admitted to a mental health facility, or using a facility, on January 31, 2015, the Defendant committed an act of assaulting the victim’s face at the hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’s clinic’

Summary of Evidence

1. The defendant's partial statement corresponding thereto;

1. Application of each of the statutory statements made by witnesses F, G and H

1. Relevant Article 55-2 and Article 43-2 of the Mental Health Act concerning facts constituting an offense, and Articles 55-2 and 43-2 of the Mental Health Act concerning the option of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and the fact that the crime of this case is not good, strict punishment against the accused is required.

However, considering the fact that a part of the defendant's mistake is divided, the defendant does not have any particular criminal record other than a fine once, the defendant is also sentenced to community service order along with a suspended sentence of imprisonment, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex and environment