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(영문) 인천지방법원 부천지원 2015.07.02 2014고정1451

명예훼손등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인은 2011. 8. 16. 16:30경 당진시 C건물 901호에 있는 피해자 D 운영의 E치과병원 VIP 대기실 앞에서 피해자의 진료에 불만을 품고 간호사들과 위 병원에 치료를 받기 위해 대기 중에 있던 F과 그녀의 딸 등 여러 명이 듣고 있는 가운데, “입안을 다 걸레로 만들어 놨다. 가만히 두지 않겠다.” 라고 말하는 등 큰 소리로 소란을 피워, 환자 G에 대한 피해자의 진료 업무를 약 30분간 방해하였다.

Accordingly, the Defendant interfered with the victim's hospital management by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, G, and H;

1. Application of the F prosecutorial protocol of statement to the prosecution;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. As to the assertion by the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The alleged defendant and his defense counsel asserts that ① even though there was a somewhat small disturbance in the process of demanding the issuance of his medical record, it does not constitute a force interference with business, and ② even if this constitutes interference with business, it constitutes a legitimate act by making a legitimate objection to the delayed issuance of the medical record.

2. According to the reasoning of the judgment, according to the prosecutor's protocol of statement of the victim, witness F, G, and H, and the prosecutor's protocol of statement of the F, the defendant made this case to the hospital operated by the victim on the day of the instant case that "the defendant made this point in this hospital. I do not change. I do not want to do so." The fact that the patient at the hospital at that time was able to hear the above talk (Evidence record 605 pages, witness F, and H's legal statement) and the fact that the medical treatment was delayed for about 30 minutes (the above fact of recognition) can be acknowledged. According to the above fact of recognition, the defendant's statement of the victim was followed.