Examples and Damage)

Residence

Reference domicile

[Defendant-Appellant]

The summary of the judgment against the defendant shall be published.

The defendant is a professor at the graduate of medical science at the National University of Korea.

The defendant is an operation law that restores the function of the board by fixing the board in special production capable of performing functions similar to those of the board. On March 22, 2007, when the defendant applied to the Health Insurance Review and Assessment Service for a new health technology, on April 24, 2009, the 1st Maliology department and the Malitho type (hereinafter referred to as the Malithic Malithic Malithic Malithic Malith and Malithic Malithic Malithic Malithic Malithic Malith, hereinafter referred to as the Malithic Malithic Malithic Malithic Malithic Malithic Malithic Malith Malithic Malith Malith Malith Malith Malith Malith Malith Malith Malith Malith Malith Ma.

At this time, the victim 00 was designated as a general manager for the above research as the head of health year 0000, and 10 researchers are conducting research on the safety and effectiveness of the Kaban surgery, and prepared a report on the next performance evaluation and research of the Kaban surgery (hereinafter "the above report") to the Ministry of Health and Welfare and the Health Insurance Review and Assessment Service, etc., and submitted the report to the Ministry of Health and Welfare and Assessment Service. The above report of the health year was subdivided into the system of diagnosis and side effects at the time of the Kaban operation with the assent of the Data Review Board, and 4 domestic hospitals (Asan Hospital, Samsung Hospital, Seoul National University Hospital, and New Generation School Hospital) from the Korean Maban Science and Technology Association (hereinafter referred to as the "Masan Hospital"), after receiving statistical data on the Kaban Maban Maban Maban Maban 207.

3. As a result of the analysis of the clinical results of the entire patient who had undergone the Kabama surgery from November 2009, it was necessary to conduct a thorough tracking investigation in terms of the safety of the Kabama surgery, in comparison with the existing Kabamamama, where there are more serious harmful cases, such as infectious infection, including death, and serious harmful cases, such as the Kabamama, are observed in comparison with the existing Kabamama.

On January 21, 201, when the defendant alleged that the above report was false, the Medical Service Special Evaluation Committee established at the Health Insurance Review and Assessment Committee established at around the Health Insurance on January 21, 201, deliberated on the review of the issues of the Kabac operation through the meetings of the advisory board, 39 out of 397 patients inappropriate for the Kabac operation (52 persons in health report / 0), 16 patients (19 persons in health report / 5 persons in health report), 20 patients (25 persons in health report / Defendant 5), 49 patients in the remaining disease after the surgery (214 persons in health report / Defendant 40), and the defendant's assertion that the Kabac operation was false on the part of the Ministry of Health and Welfare, and that there was no difference between the fact that the Kabac operation was conducted based on the results of the Kabac operation and the fact that the Kabac operation was conducted within a short time, compared with the fact that it was conducted within a short time.

The court below determined that the above report was false by the director of the bureau in charge, and that the report was not subject to warning that the actual health-related report was false. However, around June 5, 2012, the defendant had an interview with the central media reporter of the Internet media at the defendant's office located at the Seoyangdong National University in Gwangjin-dong University in Seoul Special Metropolitan City on the ground of the argument that the above report was false in the medical care evaluation committee of the Ministry of Health and Welfare, which determined that the above report was false in the medical care evaluation committee of the victim, and the Minister of Health and Welfare should be responsible for this fladic research for three years (Kabf), and the Minister of Health and Welfare should be responsible for this flabic research without any ground. The defendant asserted that the flabic operation should be suspended from the health care evaluation committee of the Ministry of Health and Welfare at the time of October 10, 2010.

They received a warning from the Minister of Health and Welfare on June 15, 2012, sent an interview news to the Central Health and Welfare Internet website (htp: / www. jalthedia.com/com/) around the Central Health and Welfare Internet site (htp: / www.).

Accordingly, the defendant has damaged the reputation of the victim by revealing publicly false facts through information and communications networks for the purpose of slandering the victim.

2. Determination

(a) Purport of prosecution by a public prosecutor (subject to adjudication by this Court);

With respect to the purpose of the prosecution of this case on the second day of the trial of the court, the prosecutor judged that the first committee on the evaluation of medical practice (hereinafter referred to as the "committee on the evaluation of medical practice") did not have falsely judged the health report on the second day of the trial, and the second day of the warning of the Minister was not due to the fact that the health report was falsely reported, but the first day of the warning of the Minister was judged to be false, and the Minister issued a warning to the health-related persons including the victim at his own discretion, and the Minister of Health and Welfare was sent a false report on the health report on the first day of December 2010. They stated that the notice of this case was made by the Minister on the second day of the trial of the Ministry on the welfare, and that the notice of the interview was a false report on the content of the report, and that the report was made by the victim to be a crime of defamation through the information and communications network under Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as 000).

In November 2010, 200 professors (person in charge of research at the time) and other health performances. “The part” is a part of the dispute between the health research institute that studies the validity and safety of the Kabao operation and the Defendant’s side, which is the part of the dispute between the health research institute that studies the validity and safety of the Kaba operation and the Kaba operation. Therefore, this part is not included in the contents of the complaint.

B. Major factual basis 1) Research subjects of the Health Report on August 24, 2010 (main factual basis 1)

- With the response to statistical data on dynamic crypology of the Asan Hospital, Samsung Hospital, Seoul National University Hospital, and New Generation School Hospital), 4 hospitals in the Republic of Korea from the Korean Synsan Science Association, the results of comparison with 397 clinical results of all patients who received crypology from Asan Hospital and the Man National Hospital from March 2007 to November 2009, the date of the application for the application for the new medical technology of the Defendant, 397 crypology diseases, 337 crypium diseases, 48 crypium crypology, and 12 infectious crypium infection when classifying 397 under the name of the immediately preceding diagnosis before the operation;

· The evaluation of validity of 52 cases (13.1%) where it is inappropriate to conduct an operation as a patient with a serious disease that falls short of the surgery adaptation certificate, and the members have agreed to do so (13.1%)

· Data on the degree of improvement of symptoms and physical abilities before and after the surgery can not be secured only with medical records.

- The evaluation of safety of the measured value of the improvement, etc. of the results of the examination of the early high wave before and after the surgery is insufficient to keep medical records, and thus it is impossible to conduct the evaluation of validity due to the Kabao operation because the relevant hospital did not submit relevant data.)

○ A death of 15 persons (3.8%) within the investigation period, among all patients who have undergone safety evaluation in the entire board group (397) and carbac operations. A death assessed as a result of an operation and arbitrity. A 1 year presumption rate was 4.21% and assessed as a result of an operation and arbitrity.

The case was 14 cases, and 60 cases were 14 patients who had re-exploited during the investigation period (5.3%) and 20 of them were deemed to have the personality of the surgery.

- Seriously harmful cases that have been assessed of personality by the patient group as a whole of the Kaba operation shall arise from 202 persons (51%) to 346 cases [Death 14 cases, 20 cases for re-operation, 87 cases for closed lacule of the remaining tracule board, 127 cases, etc.];

- In determining a serious harmfulness case assessed in connection with a Kaba operation, the degree of salvity is suspected of (5. relevance clear (3) relevance (2. relevance relevance detailed (1. 1. definition in cases where agreement is reached at least 3.3) relevance (3).

- If a person with information related to the progress of a surgery has blood transfusions of at least 20 units during the surgery, 21.6% of the blood transfusions came to be administered on an average of 46.2%, and is administered on an average of 21.8% of the surgery patients, at least 60 days. Overfarin (Wafarin) coarcs were administered on an average of 61.6% of the surgery patients, and are administered on an average of 17.6% of the surgery patients.

○ 0. 52 (52) Safety Assessment in the Kaba Non-compliant Group (52) and 34 cases in which the causality in connection with the surgery was presumed to have occurred from 24 persons (46 per cent) and there were one case of death among them.

· A patient who does not have the ability to adapt to an operation, caused three meconiums under alcohol by surgery, and 22 persons (42 per cent) still left 25 cases where the part of the operation is remaining after the surgery.

○ Safety evaluation at an operating patient (337 persons) of Macrocule Macule Macule Group

- The Kaba surgery is conducted at 19 persons (5.6%) during the investigation period, among 337 persons who underwent the Kabac surgery due to the external circulation time, the Macacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacsacacacacacacacacacacacacaca

- In the case of 337 persons who were diagnosed of the Mabrocopic disease and surgery, the conclusion of the annual death rate of 10 persons (2.97%) during the investigation period, and compared to 1.4% of the annual death rate of the Macopic Macopic Macopic Macopic macopic macopic macopic macopic macopic macopic macopic macopic macopic macopic in

Since there are many problems in the selection of patients and the collection process of data, this study could not evaluate the validity of the Kaba in this study, and compared with the existing Kabacacacacacacsacacacacacacacacsacacacs, more serious harmful cases, such as infection, including death, need to be observed, and more closely tracking investigation is required in terms of the safety of the Kabacacacacsacacs. In particular, it is necessary to confirm the death of 44 persons (11%) who are trackingd and lost.There are many serious harmful cases, such as Kabacacacacacacacacacacsacacacac, which do not have an operation adaptability certificate, and there

2) On September 2010, the Ministry of Health and Medical Services published as the title "Examination Opinions of the Research Institute of Korea Health and Medical Services" at the National University Hospital of the Ministry of Health and Medical Services (hereinafter referred to as the "Research Opinion of the Institute of Health and Medical Services") of the Ministry of Health and Welfare on September 2, 2010, pointed out the causes of the error in the report on health performance, and there are some cases of a daily report on health performance, such as the rate of death, surgery, remaining diseases, and the problem of surgery of patients with scambling. In light of the fact that the Evaluation Committee on the Specialized in Medical Practice around January 201

○ There are various errors in the process of collecting data, such as insufficient data, and the process of analyzing data and statistical processing.

○: Comparedly, the working committee should not uniformly examine all patients who have undergone the Kabac operation in order to examine the validity and safety of the Kabac operation compared with the existing Kacacacacacacacacacacacacacacacacacacacacacs, among which, among which, the 372 patients who have undergone the Kabacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacac, it should have been compared to

The problem of the operation of light patients: The basic reason why the working committee classifys 52 passengers from among 397 patients of Kabacacacacacacacacacacacacacacacacacacacsacacacacsacacacacacacsacacacacacsacacacacsacacacacsacacacsacacacacsacacacacsacacacacsacacacacacsacacacsacacacacacacsacacacacacacsacacacacaca

○ Re-operation, etc.: Health performances committed an error that is included in the case of re-operation even in the case of a re-operation, etc., which was planned from the beginning. Re-operation rate of the re-operation of the re-operation in the form of a flag which appears in the health performance report. The re-operation rate of the flaging surgery is one year re-operation rate. In particular, in the case of the flaging surgery, the number of time is increasing, and in particular, the number of re-operation caused by the damage of the flag, and in the case of the flaging surgery, the re-operation rate of the flaging surgery in the report means one-year re-operation rate, and the rate of re-operation in the flaging surgery increases every five years and ten years after accumulated every year.In inevitable cases, most of the flag surgery is conducted at the early stage, but most of the cases where the flag is no longer needed after the flag surgery.

3) On December 5, 2010, J. J. J. J. 00, J. J. K. K. Gaboto (hereinafter referred to as “the reporter’s question”) in the cadastral map that the Korea Health and Medical Service Research Institute, which verified the safety and effectiveness of the carbo operation, failed to play a role in the field.

It is necessary to know that the first research begins on January 21, 201, that the review results of the Review and Assessment Service on the issues of the Medical Practice Special Evaluation Committee (the FSC) on January 21, 2011 reveal the results of review on the issues of the 15 members of the 18 Medical Service Specialized Review and Assessment Service, which revealed the results of review on the issues of the Kabo Expert Advisory Board "in the presence of 15 members of the 18 Medical Service Advisory Board", and the results of review on the issues of the Kabo Advisory Board, which were reviewed on January 21, 2011.

The Specialized Committee on Evaluation of Medical Practice has carefully examined the progress of the review of major issues, such as the progress of the meeting of the advisory group of virtual surgery specialists, the operation of a patient with light symptoms (unconformity), and the occurrence of cardiopulmonary infection, re-operation, and remaining diseases after the surgery.

In particular, in reviewing in light of the adaptation certificate standards set by the advisory group of virtual surgery specialists, 39 patients who are unfit for surgery are 39 persons among 397 patients (in this case, 27 persons are different from multiple-use disease), 16 patients (1.39% of patients suffering from cardiopulmonary infection after surgery), 20 patients (1.4.31% of year, and 49 patients with remaining diseases after surgery (12.3% of the patients suffering from 12.3%).

As for the results of this verification, the Specialized Medical Practice Evaluation Committee seems to have low safety and effectiveness compared to that of large-scale culpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulpulp, however, this study was conducted on a short-term follow-up trackingculpop

Based on these results, the Medical Service Special Evaluation Committee should respect the matters decided by the Health Insurance Policy Deliberative Committee ( May 8, 2009), which was revaluated in the first three years after the review, and take into account the fact that the research was conducted during that period, the remaining non-benefit period (from June 2012 to June 5, 2012). The conclusion that the research was conducted on the whole of the issues necessary for verifying safety and effectiveness should be drawn up). The Defendant’s review on June 5, 2012 on the record of the interview with the Defendant’s Central Morse Media was decided from June 2009 to June 6, 2012, and the Defendant’s argument that the medical practice should be discontinued, and that the medical practice should be discontinued from June 200 to November 1, 2010.

. Here, the argument of this kind of health should be compared to .. The materials will be entirely able to see that fluenites argument. It is essential to .. The welfare division fluencing about this material. The rate of death was 1.4%, 1.2%, 1.0%, 1.0%, 1.0%, 1.0%, 1.0%, 1.0%, 1.0%, 1.0%, 20%, 0%, 10%, 10%, 00,000. 2%, 00,000, 100, 000, 2000, 1000, 000, 000, 000, 000, 000, 000, and 10,000,000,000,000,000,000,000.

The study was conducted for the remaining period of time after the trial.

Since the facts constituting the elements of a crime prosecuted in a criminal trial are subject to the prosecutor’s burden of proof, whether it is a subjective requirement or an objective requirement, in order to establish defamation through an information and communications network by publicly alleging false facts under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the prosecutor must prove that the alleged facts are false, the Defendant knew that the alleged facts were false, and that there was a purpose of slandering the victim (see, e.g., Supreme Court Decisions 2009Do4949, Oct. 28, 2010; 97HunMa265, Jun. 24, 199).

In a crime stipulated in Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., a concept substituted for an expression of opinion containing a value judgment or evaluation, refers to a report or statement on the past or current facts in a time and spatially specific period. In a case where the important part of a publicly alleged fact is consistent with objective facts, even if there is a little difference from the truth or somewhat exaggerated expression, it shall not be deemed a false fact. However, in determining whether a publicly alleged fact is a false fact, the part that is inconsistent with objective facts is not consistent with objective facts by examining the overall purport of the content of the publicly alleged fact.

Determination as to whether it is necessary (see Supreme Court Decision 2011Do1147, Jun. 10, 201, etc.).

The following circumstances revealed by evidence, i.e., (i) 00, the victim of the interest of the Institute for Health and Medical Reports, which is the victim of the Health and Medical Services Review and Assessment Service, are asserting that the content of the above report is not false, based on the news report materials of the Ministry of Health and Welfare published on January 24, 2011, based on the news report materials, as well as the news report materials of the Ministry of Health and Welfare published on January 24, 201. However, according to each of the above news report materials, it can be confirmed that there was an error in the statistics of the health report on various issues, such as the operation, remaining diseases, and death rate of suspected patients, at ordinary times. Thus, even if not explicitly announced, it is recognized that the content of the report is substantially different from the fact. (ii) The defendant of the interview of this case (the above 2.2.)

B. 5. It is difficult to see that the Defendant’s 2-3-1-2-1-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-3-2-2-2-2-2-3-2-2-2-2-3-2-3-2-2-3-2-2-2-2-2-3-2-3-2-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-4-2-3-2-4-2-3-2-3-2-4-2-4-2-3-2-4-2-3-2-4-2-4-2-4-2-4-2-4-4-2-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-3-4-4-4-3-3-4-2-2-3-3-3-3-3-3-3-4-4-2-2-

“Purpose of slandering a person” as prescribed by Article 70(1) and (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. is required to express an intent or purpose. The existence of a purpose of slandering a person should be determined by considering all the circumstances regarding the expression itself, such as the content and nature of the relevant facts, the scope of the other party to whom the relevant fact was published, and the method of expression, and the degree of infringement of honor that may be damaged or damaged by such expression. Furthermore, the purpose of slandering a person is in conflict with that of public interest in the direction of an actor’s subjective intention, barring any special circumstance, unless the alleged fact concerns public interest, the purpose of slandering a person is denied. It includes not only matters concerning the benefit of the State, society, and other general public, but also matters concerning the interest and interest of a specific social group or its entire members (see Supreme Court Decisions 208Do812, May 28, 2009; 201Do1329, Nov. 25, 201010).

The following circumstances revealed by evidence, i.e., the Defendant applied for a Kabo on March 2007, based on 197 to 207 experience. The Health Insurance Review and Assessment Service decided whether to grant new technology through 10 years prior to the latest 3 years, and the Kabo Operation Working Committee (such as submitted data, the subject of the study) did not reach a flab on the grounds of the interpretation of 10% of the guidelines for the Kabo Operation's non-benefit management. The 200th anniversary of the 10th anniversary of the 10th anniversary of the 10th anniversary of the 10th anniversary of the 10th anniversary of the 1st anniversary of the 206th anniversary of the 2nd anniversary of the 1st anniversary of the 2nd anniversary of the 1st anniversary of the 2nd anniversary of the 1st anniversary of the 2nd anniversary of the 1st anniversary of the 2nd anniversary of the 2nd anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 1st of the Ka Operation.

10. The fundamental cause of a series of circumstances, such as the raising of problems at the National Assembly, etc., may be deemed to be due to poor health reports. As such, from the standpoint of the defendant, there is an error in the content of the health report, it is acceptable to accept the Defendant’s warning from the Minister.

In light of the fact that there are considerable reasons for the performance of duties by the government or state agencies, five matters related to the performance of duties by the government and state agencies must always be subject to citizen surveillance and criticism. The victim 000 is not a private person but a public official of the Ministry of Health and Welfare, and was in the position of a general manager in charge of Kab Operations Research Institute as a public official of 000 head of the Ministry of Health and Welfare. 6 The contents and method of expression in question cannot be deemed to have excessively damaged the victim's reputation by leading the victim's personal attack, and it is difficult to see that the defendant's primary motive was for public interest rather than for the victim's personal injury. In full view of various circumstances such as the nature of the case in question, the main motive of the defendant, the behavior of the organization to which the victim belongs, the contents and method of expression in question, etc., it is difficult to view that the defendant had the purpose of slandering the victim at the time of the interview in this case.

3. Conclusion

In short, it is difficult to deem the Defendant to have indicated false facts at the time of the interview, and there was no awareness that the Defendant had made a false fact known to the Defendant, and it is difficult to deem that there was a purpose of slandering the victim. The facts charged in the instant case is neither the mother nor the evidence of a crime

Since it falls under the first sentence of Article 325 of the Criminal Procedure Act, not guilty should be pronounced in accordance with the second sentence of Article 325 of the Criminal Procedure Act, and the summary of this judgment should be announced in