The defendant shall be innocent.

1. Facts charged;

A. The Defendant, who conspired with the president D, is a medical specialist in the department of mental health belonging to the F Mental Hospital, a mental medical institution located in E, both weeks in the Gyeonggi-do, and was delegated by D, the above F Mental Hospital president, with the authority to determine the hospitalization of mentally ill persons, and subsequently, decided to be hospitalized.

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, receive documents confirming that the person is the person

Nevertheless, on May 22, 2015, the Defendant: (a) in collusion with D on May 2, 2015, at the F Mental Hospital, hospitalized a mentally ill person G who intends to be hospitalized with the consent of his/her guardian without obtaining documents verifying that he/she is a person without protection, such as a family relation certificate; and (b) and (c) on March 12, 2015 through May 10, 2016, the list of annexed crimes was changed from March 12, 2015 to May 9, 2016: Provided, That the prosecutor changed from April 27, 2015 to February 27, 2016 to the date of issuing a document verifying the guardian’s identity on March 30, 2015 to March 2, 2016.

As described above, 18 mentally ill persons who want to be hospitalized with the consent of the state of protection, such as the above G, were hospitalized without any documents verifying that they are the state of the protection, such as family relation certificate.

B. The violation of the Mental Health Act due to the application of both punishment regulations (the selective charge) is a medical specialist in the department of mental health belonging to the F Mental Hospital, a mental medical institution located in E, both weeks in the Gyeonggi-do, who is delegated by D, the president of the F Mental Hospital, with the authority to determine the hospitalization of mentally ill persons and subsequently determines hospitalization.

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, receive documents confirming that the person is the person

Nevertheless, the defendant is guilty.