All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misapprehension of the legal principles (the violation of each mental health law due to non-hospitalizeing documents) were continuously hospitalized in the process of hospitalizing a mentally ill person with the consent of a person with no protection who is delegated by F with the authority to determine hospitalization of the mentally ill person with the consent of the head of the medical institution for mental illness, according to the agreement with F, the head of the medical institution for mental illness. Thus, the Defendants committed a violation of the Mental Health Act, such as family relation certificate, in collusion with F, as stated in this part of the facts charged.

B. The sentence of the lower court (Defendant A: fine of 2,00,000 won, Defendant B: fine of 3,000,000 won) is too unreasonable.

2. Determination

A. 1) The lower court’s assertion of misunderstanding the facts and misapprehension of the legal doctrine provides that each of the following circumstances acknowledged by relevant statutes and the records of this case, namely, ① Article 24(1) and (2) of the former Mental Health Act (wholly amended by Act No. 1424, May 29, 2016; hereinafter the same) provides that the consent of two persons without the consent of the protection and the medical specialist of mental health are necessary to be hospitalized as the requirements for hospitalization by a person without the consent of the person without the protection and the medical specialist of mental health are the head of each mental medical institution, etc. to be hospitalized if the requirements are met, and the person obligated to receive documents confirming that the person without the protection was a person without the protection at the time of hospitalization is also the person with the mental health institution, etc. to be hospitalized, and also the person without the mental health who directly and directly submitted the documents to the mental health institution, etc. shall be examined as the person without the mental health doctor.