Defendant

A A shall be punished by a fine of 2,000,000 won, and Defendant C shall be punished by a fine of 2,000,000 won.

Defendant

A and Defendant C, respectively.

Punishment of the crime

H is the director of the J Hospital, who is the medical institution for mental illness located in the Gyeonggi-do Government, and is the medical specialist in the family department. Defendant A and Defendant C are the medical specialist in the mental health department belonging to the above J Hospital, who treated mentally ill persons with the authority delegated by the above H to determine the hospitalization of mentally ill persons and make a decision of hospitalization.

1. No medical personnel who has committed a violation of the Medical Service Act) shall make a false record of medical treatment, assistance in child delivery, nursing record, and other records concerning medical treatment, or intentionally make a false record or revise any additional record differently from the fact;

Nevertheless, on July 4, 2015, the Defendant, as the president of the said J Hospital, signed the name of the said A on July 4, 2015, stating that “The consent of the director of the said J Hospital, who is a medical specialist in the family department, was “The advice of the hospitalization for the patient (which may be substituted by a psychiatrist’s opinion or diagnosis)” in the column of “the advice of the hospitalization for the patient” in the protective consent of the mentally ill person who was hospitalized at the said J Hospital on July 3, 2015. The Defendant signed the above A’s signature on July 3, 2015, stating that “The recommendation of the hospitalization for the patient (which may be substituted by a psychiatrist’s opinion or diagnosis)” is an excessive drinking, dynamic behavior, almost every day, and so on.

Accordingly, on July 3, 2015, the Defendant drafted a false record of treatment, etc., which was hospitalized after visiting the above K at the above J Hospital.

2. The defendant C (a violation of the Mental Health Act due to non-faced hospitalization) shall not, except in the case of emergency hospitalization, hospitalize a mentally ill person into a mental medical institution without a diagnosis by a medical specialist of a mental health department.

Nevertheless, the Defendant stated in the indictment on January 3, 2016 as of November 26, 2015. However, even if it is obvious that it is a clerical error in the record and it is corrected ex officio, there is no disadvantage to the Defendant’s exercise of his/her right of defense.

In the above J Hospital, hospitalization shall be made with the consent of the state of protection.