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(영문) 의정부지방법원 2018.01.11 2016고정2528
정신보건법위반등
Text

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a medical specialist in the department of mental health as the director of the K Hospital, which is a mental medical institution in the jurisdiction of the Nam-gu, Namyang-si, Gyeonggi-do.

1. When intending to admit a mentally ill person to a mental medical institution with the consent of the person without protection, the person concerned with the mental medical institution shall, with the consent of the person without protection, obtain documents verifying that the person is the person without protection;

Nevertheless, at the above hospital on May 28, 2015, the Defendant hospitalized three mentally ill persons who want to be hospitalized with the consent of a person without family relation certificate and other documents confirming that the person without protection was the person without family relation certificate, etc., and was hospitalized on May 28, 2015 to December 12, 2015, as shown in attached Table 1, with the consent of a person without family relation certificate and other documents confirming that he/she was the person without protection.

2. On September 1, 2014, the Defendant, at the foregoing hospital, received a discharge order from the committee for deliberation on basic mental health, as shown in the attached Table 2 attached hereto, to the patient M on September 3, 2014, and received a notice of the discharge order and received a notice of the above discharge order and received a notice of the discharge order and received the above discharge order from September 3, 2014 to the date of the above discharge, by deceiving the National Health Insurance Corporation of the victim as if the mentally ill person was lawfully hospitalized and treated, thereby deceiving the victim of the medical care benefit for the above M, thereby deceiving the victim of the damage, thereby receiving KRW 66,666 from the victim every time.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by each prosecutor on N,O, P, and Q;

1. Investigation report (verification of a written resolution, etc. of the civil rights committee related to the revision of and demand for medical care benefits), and investigation report (repreparation of a list of crimes related to violation of an order to discharge

1. A list of offenses committed at K Hospital, a request for continuing hospitalization examination and a review result.

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