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(영문) 서울중앙지방법원 2018.11.15 2018고정2147
정신건강증진및정신질환자복지서비스지원에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who has served as a guardian of the C Mental Health Department, and the defendant B is the president of the above Council.

1. Defendant A around December 17, 2017, around 20:45, at the fourth floor of C mental health clinic in Seocho-gu Seoul Metropolitan Government, the victim E (n, 35 years of age) had a shower room.

F) On the ground of the fact that the name was stated in F. F. F. 1, the victim was bleeped with her hand, she was laid on the upper body of the victim, she was laid down on the body of the victim, and her head was f.h., her head was f.h. and her head was f.h., her head was f.h., and her head was f.h., her head was f.h., and f.p.

As a result, the Defendant committed violence to a person hospitalized in a facility as a worker of a mental health promotion facility, and committed physical restrictions by combining the victims hospitalized in a medical institution for mental illness even though they are not subject to the instruction of a medical specialist of a mental health for the purpose of treatment or protection.

2. Defendant B, as the director of C mental health department, who is a mental medical institution with interest in mental health promotion facilities, assaulted a victim who is an employee, who was hospitalized in the same manner as that of the Defendant in relation to the duties of the Defendant, and took physical restrictions by combining the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of G and H by the prosecution;

1. Statement made by the police for E;

1. Investigation report (the analysis of CCTV images in the C Mental Hospital) (applicable to statutes;

1. Article 84 Subparag. 11, Article 72 Subparag. 2, Article 86 Subparag. 10, Article 75 Subparag. 10, Article 75(1), and Article 88 of the Act on Promotion of Mental Health and Support for Welfare Services for Mental Patients, as regards criminal facts, and the choice of fines and fines;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate amount is aggregated) for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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