A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant was a patient of the victim C before ten years of age.

From around 14:00 to 14:30 on May 3, 2016, the Defendant stated false facts as follows: (a) the Defendant had a nurse and a Buddhist guest within the E-gu Seoul Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu,

Accordingly, the defendant damages the honor of the victim and at the same time interferes with the treatment of the victim for 30 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. A criminal investigation report (on-site recording), CD;

1. Application of statutes governing judgment;

1. Articles 314 (1), 313 (a), and 307 (2) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the heavier crime of interference with business);

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. 공소사실의 요지 피고인이 범죄사실 기재 일시장소에서 피해자 C에 대해 “사기꾼이다, 가정을 깼다”라는 허위사실을 적시하여 C의 명예를 훼손함과 동시에 C의 진료업무를 방해하였다.

2. First of all, we examine the expression “Frauded”.

This expression may constitute an insulting act by expressing abstract judgment or sacrific sentiment that could undermine C’s social evaluation. However, it is difficult to view that it constitutes a false fact-finding or defamation because there is no statement of facts.

다음으로 “가정을 깼다”라는...