beta
Text
The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for one year.
(b).
Reasons
1. The summary of the reasons for appeal is that the sentence imposed by the court below on the Defendants (one year of imprisonment) is too unreasonable.
2. The Defendants, without any legal basis, take measures to isolate their lives in the psychological stability room pursuant to the provisions of theO without the legal basis, is an infringement of human rights, and thus, the crime is not good. The instant confinement was committed systematically over a long-term period, Defendant A was the director general of the headquarters, and Defendant B was the director of the “W”, who is the director of the O Secretariat or the director’s sanatorium, and thus, there is a high possibility of criticism as there is a position and authority to eradicate the instant confinement.
However, the defendants recognized the crime and committed the crime in depth through the period of detention for three months. The isolation measures of the psychological stability room of this case were committed from the time of establishment of theO, and it appears to be a result of the defendants' response without any reflective measures. The confinement of this case was conducted through the procedures such as going through the Ethics Committee in the event of violation of internal rules and there was no additional illegal acts under confinement. Although the defendants did not actively confirm whether the isolation of the purpose of disciplinary action is legitimate, P and the Ministry of Health and Welfare is the director's guidance and supervisory agency, and the director's guidance and inspection (P confirmed the operational status every three years, assessed the health and welfare division and selected as an excellent facility) were confirmed, but it was not pointed out that illegality was not pointed out, and it was inevitable for the National Human Rights Commission to take measures related to the operation of the investigative stability room of the visit on September 28, 2006.
In the context of the deficiencies or policy defects of the relevant laws and regulations.