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(영문) 수원지방법원 2015.07.01 2014고정3467

명예훼손

Text

The defendant shall be innocent.

Reasons

1. Around 17:00 on November 14, 2013, the summary of the facts charged is that the Defendant attended at the third floor conference room of the E Hospital located in Da in Ma in Sungsung-si, and at least 13 nurses, including F, G, H, etc., to conclude a meeting as the leader of the nursing department in order to make a speech at the meeting, “There were many people in the recent hospital. There are many people in the hospital. There are many people in the future. Even in the case of an I nurse, he was a day, and he was personally responding to the I nurse. The I nurse was not in the same day as the I nurse. Next, he damaged the honor of the I who filed a complaint by openly pointing out the fact that “I would withdraw appropriate early measures at the hospital.”

2. The defendant's assertion that there was no criminal intent to impair the reputation of the complainant at the time of speaking, and that the expression cannot be deemed as a fact that may undermine the social evaluation of the complainant, and even if it is recognized that the expression constitutes the elements of a speaker, it is not unlawful in accordance with Article 310 of the Criminal Act, since it stated facts for the public interest.

3. Facts of recognition based on records.

A. On October 17, 2013, while serving as a nurse of an E hospital, the complainant was forced to engage in indecent acts by compulsion from the inpatient on October 17, 2013, and reported to the police on October 18, 2013.

B. On October 17, 2013, the Defendant reported the case of indecent act by force against the complainant by several nursesJ, but did not take any particular measures.

C. Since then, another indecent act by compulsion was another case, there was another demand of many nurses to demand active response at a hospital level, and on November 5, 2013, at the nurse conference discussed that “if a patient was forced to commit indecent act by compulsion from the patient, the patient would be isolated, forced, and forced discharge.”

The Defendant, while speaking at the time and place stated in the facts charged, shall conclude a consensus, as stated in the facts charged.

참조조문