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(영문) 서울남부지방법원 2012.11.14 2012고단363

명예훼손등

Text

[1] A person who commits a crime under [2], [3], / [4], shall be punished by imprisonment with prison labor for nine months.

Reasons

Punishment of the crime

[1] On July 1, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for defamation, etc. at the Seoul Central District Court, which became final and conclusive on October 13, 2011.

【Criminal Facts】

On January 8, 1997, the Defendant: (a) at the D University E Hospital run by the D University operated by the D University of the Victim Educational Foundation (hereinafter “D University”); (b) filed damages against the said D University; (c) but (d) did not have good appraisal against the said victims, such as losing the Defendant.

1. Around April 8, 2009, the Defendant: (a) around the H apartment settlement, where the above F, located in Gangseo-gu Seoul Metropolitan Government, was living in, and around April 8, 2009, the Defendant: (b) created to the patient a letter “Is the doctor’s life”, “Is the doctor’s computer verification, Is the business, and am more than Is the patient, and (c) had sick for 13 years, and had sick for 99% or more due to the doctor’s lineal family members, personal rights, etc.; (c) the full-time employees of the hospital are comprised of 99% or more of the doctor’s lineal family members, personal rights, etc.; (d) the patient’s real estate attachment and the police report of the patient’s department; (d) made it difficult for the Plaintiff to economically force; and (e) made it available for all residents in the form of a substitute bulletin.”

However, the victim educational foundation D University operating the E hospital did not give the above C the hospital germs, and the above hospital did not consist of most of the medical doctors' relatives, so the contents of the above article were not true.

Accordingly, the Defendant, by openly pointing out false facts, damaged the honor of the victim’s D University.

2. On June 13, 2009, the Defendant: (a) on the part of the Defendant: (b) “In front of the said H apartment settlement,” and (c) on the part of the E hospital, without speech, has a lifelongly disabled person; and (b) has cancelled the total amount of the hospital expenses sealed by agreement; (c) has cancelled