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(영문) 대법원 2018.12.13 2018도14549
정신보건법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendants on the ground that both the violation of the Mental Health Act due to hospitalization with non-entry with the documents, which are the selective charges No. 1 and the 2 selective charges added in the first instance trial, did not prove any crime.

In light of the records, the lower court did not err by misapprehending the legal doctrine on the crime of violation of Article 57 subparag. 2 of the former Mental Health Act (wholly amended by Act No. 1310, Jan. 28, 2015) and Article 57 of the former Mental Health Act (wholly amended by Act No. 14224, May 29, 2016) against Defendant A, as alleged in the grounds of appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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