Defendants are not guilty.

1. Defendant A of the facts charged in the instant case is the director of the E hospital department in Changwon-si, Changwon-si, the director of the E hospital department, Defendant B is the director of the medical department with the above hospital’s mental department, and Defendant C is a juristic person operating the E hospital.

With respect to persons hospitalized and hospitalized, the director of a mental medical institution shall verify whether they intend to discharge them every two months from the date of hospitalization, etc.

A. Nevertheless, Defendant A did not verify, from June 1, 2017 to September 4, 2017, whether he/she intended to discharge 37 patients, including 37 patients F, and 5 patients G, who were hospitalized in the above E hospital due to mental illness, as shown in attached Table 1, from around June 1, 2017 to September 1, 2017.

B. Nevertheless, from June 1, 2017 to June 22, 2017, the Defendant did not verify whether he/she intended to discharge 33 hospitalized patients, etc. of those hospitalized in the foregoing E hospital due to mental illness, as shown in attached Table 2 attached hereto, from around June 1, 2017 to June 22, 2017, 33 hospitalized patients, etc. of those hospitalized in the above E hospital, and three patients, such as I of the consented patients.

(c)

Defendant

C The Defendant committed each of the above offenses in relation to the Defendant’s business at the time and place described in paragraphs (a) and (b) A, an employee of the Defendant, and B.

2. Determination

A. The key prosecutor prosecuted Defendant A and Defendant B on the basis of Article 86 subparag. 2, Article 41 subparag. 3, and Article 42 subparag. 4 of the Act on Promotion of Mental Health and Support for Welfare Services for Mental Patients (hereinafter “mental Health Welfare Act”), and prosecuted Defendant C on the basis of the establishment of a crime under Article 88 of the aforesaid applicable Act against Defendant A and Defendant B.

In doing so, Article 86(2) of the Mental Health Welfare Act provides that “A person who fails to verify whether he/she wishes to discharge, etc., in violation of Article 41(3) or 42(4) shall be punished.”