All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (as to the violation of the Mental Health Act), the Defendant merely hospitalized mentally ill persons into isolation wards created on the third floor of the instant hospital so as not to inflict damage on general patients, and did not accept the said mentally ill person. (2) Whether the Defendant asserted misunderstanding of legal principles (as to the violation of the Mental Health Act) recognizes the requirements of establishment under Article 5 subparag. 6 and Article 43(1) of the Mental Health Act is limited to the case where the hospitalization of the mentally ill person for the purpose of treating the mentally ill person. As stated in this part of the facts charged, the case where the Defendant hospitalized the mentally ill person to a general hospital for treatment of the acute diseases other than mental illness does not constitute “admitting the mentally ill person at a place other than facilities where providing medical treatment for the mentally ill person” under the above provision, and thus, the Defendant’s act does not constitute a legitimate act that does not violate the duty to provide medical treatment for the mentally ill person under Article 5 subparag. 6 and Article 43(1) of the Mental Health Act.

C) The Defendant, as to whether illegality is recognized, did not recognize the illegality of the act of treating an acute disease by hospitalizing a mentally ill person at the instant hospital. As such, the Defendant is not punishable pursuant to Article 16 of the Criminal Act. 3) The lower court’s imprisonment (one year and six months of imprisonment, three years of suspended sentence, three years of suspended sentence, and 200 hours of service) on the ground of unfair sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination on the grounds for appeal

A. As to the Defendant’s assertion of mistake of facts (whether the instant hospital accepted the mentally ill person), the lower court lawful.