Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a medical specialist in a department of mental health, who is the director of a medical institution for mental illness in medical service in medical city C.

1. Violation of the Mental Health Act;

(a) With respect to a patient hospitalized in a mental medical institution with the consent of a person without protection, when he/she receives an order of discharge according to the result of the review of the Basic Mental Health Deliberation Committee, the director of the mental medical institution shall immediately discharge the patient concerned;

Nevertheless, on October 4, 2012, the Defendant discharged the above E on October 10, 2012, not immediately after being notified by the Basic Health Deliberation Committee of the order of discharge to the patient E, such as attached Table 1.

(b) When intending to hospitalize a mentally ill person into a mental medical institution with the consent of a 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 with no protection.

Nevertheless, on January 10, 2015, the Defendant hospitalized a mentally ill person F who intends to be hospitalized with the consent of a person without protection, without obtaining documents verifying that he/she is a person without protection, such as a family relation certificate, from January 10, 2015 to April 30, 2016, and was hospitalized for 53 mentally ill persons who want to be hospitalized with the consent of a person without protection, such as family relation certificate, without obtaining documents verifying that he/she is a person without protection.

2. No person who violates the National Health Insurance Act shall receive insurance benefits or allow any other person to receive insurance benefits by fraudulent or other illegal means;

Nevertheless, on October 4, 2012, the Defendant: (a) received notice from the Committee for Deliberation on Basic Mental Health to the patient E on October 10, 2012 of the order of discharge; and (b) received notice of the order of discharge on October 10, 2012; and (c) received notice of the above order of discharge for five days from the date when two days elapsed.