All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor (unlawful in sentencing) is deemed to be too unhued and unfair in terms of the punishment (4 million won in penalty) declared by the lower court by the Defendant.

B. In a case where a discharge order is issued under the former Mental Health Act (amended by Act No. 1310, Jan. 28, 2015; hereinafter the same) that violates the Mental Health Act due to the Defendant (misunderstanding of facts, misunderstanding of legal principles, or misunderstanding of legal principles)’s failure to issue a discharge order, the time limit of “immediately” can not be limited to one day.

In addition, on the day when the defendant was ordered to discharge the patient, he was forced to discharge the patient for three to four days due to the reasons that he could not produce the patient without his guardian or protective means, and such act by the defendant constitutes a legitimate act under the law or Article 20 of the Criminal Code.

B) In a case where the hospitalization procedure is conducted by visiting a hospital in an emergency or in the heart due to non-hospitalized hospitalization, the procedure is conducted by confirming the family relationship with the patient on the date of hospitalization and supplementing relevant documents within the date of hospitalization. As such, the Defendant did not proceed with the hospitalization procedure in a state where documents for the patients were not prepared, or the above act by the Defendant’s aforementioned act constitutes a justifiable act under Article 20 of the Criminal Act or the site

C) Since the Defendant was able to recover some of the patients on a just and reasonable basis, and in the process the medical expenses were spent for the above patients, the Defendant did not have the intent to obtain the payment of the medical expenses for the above medical expenses by fraud.

2) The sentence that the lower court sentenced to the Defendant is too unreasonable.

2. misunderstanding of facts or misapprehension of legal principles (defendant)

A. The Defendant, in violation of the Mental Health Act due to nonperformance of the discharge order, has asserted the same purport as the grounds for appeal even in the lower court, and the lower court.