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(영문) 서울북부지방법원 2019.03.22 2018고정799

명예훼손

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a doctor who operates the C Council member located in Dongdaemun-gu Seoul Metropolitan Government.

피해자 D의 어머니 E이 2016. 3. 30.경 피고인 운영의 병원에서 약을 처방받고 2016. 7. 8. 사망한 후, 피해자 D이 피고인의 잘못된 처방으로 인하여 어머니가 사망하였다고 생각하고 2017. 3. 21.경부터 2017. 4. 5.경까지 지인인 피해자 F, 피해자 G과 번갈아 가며 위 병원 앞에서 ‘살인을 멈추어라. A 원장은 약물 과다처방으로 살인행위를 멈추어라’라는 내용이 기재된 나무 팻말을 목에 걸치고 서 있는 방법 등으로 시위를 하자 피고인은 이에 대응하는 벽보 등을 게시하여 피해자들의 시위를 막기로 마음먹었다.

Accordingly, on March 2017, the Defendant made a large photograph of the poster and the title of “pathos who gather to commit a crime after going to the hospital,” stating that “The Defendant shall demand the death of the pregnant woman (the age of 92, the terminal cancer patient) who died during the treatment period after the cancer diagnosis at H Hospital,” and the title of “pathos who gather to commit a crime after going to the hospital” from March 24, 2017 to April 2017, the Defendant posted the first floor of the “I” and the title of “pathos who gather to the hospital and demand money and valuables” on the poster and the title of “Pathos who gather to the hospital,” which read as “I” located on the first floor of the instant hospital from March 24, 2017 to April 24, 2017.

However, the victims did not demand money and valuables from the defendant on the ground of the victim's mother's death.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. Posters, photographs, and posters and photographs attached to pharmacies;

1. Investigation reports (Submission of Additional Materials by Complainants) and the submission of additional materials hospital shall be open to the hospital;