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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Around May 16, 2010, the Defendant, as the president of the C Hospital, restricted the interview at his own discretion, such as refusing the visit from May 16, 2010 to May 26, 2010, when the Defendant received a request for interview from the wife for the treatment of the symptoms of mental illness from the hospital located in the G Hospital D in Young-si Si. In response to the consent of the wife.

In a case where the defendant limits the freedom of interview of E, a patient, the defendant shall conduct it within the minimum scope, and even though the reason is stated in the medical records, the defendant did not state the reason for restriction of interview in the medical records.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Each legal statement of witness F and E;

1. The application of the guidance, confirmation, and reply Acts and subordinate statutes at the time of hospitalization;

1. Article 57 subparagraph 8 of the Mental Health Act and Articles 45 (2) and 45 (1) of the Mental Health Act concerning facts constituting a crime;

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

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the Defendant’s request for interview from F, the wife, from May 16, 2010 to May 26, 2010, is not itself a fact that the Defendant received a request for interview from E, and thus, the Defendant cannot be recognized as committing the instant crime.

In other words, the following circumstances acknowledged by the evidence in the judgment, i.e., ① the F made a statement in this court to the effect that “E went to the hospital after one week after hospitalization,” and that “E was rejected on May 23, 2010,” and that the credibility of the statement can be acknowledged in light of the existence of the content of the statement. ② In a case where the interview of a mentally ill person is restricted, according to Article 23 of the Enforcement Rule of the Mental Health Act, “the reasons and content of the restriction, the patient’s name and symptoms at the time of the restriction, the time when the restriction begins, the time when the restriction is commenced, the instructions for the restriction, and the executor” are written in the medical records.