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(영문) 서울서부지방법원 2017.07.07 2016고정965
업무방해등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

Although the Defendant had undergone a sex surgery or surgery from D at the time of working at another hospital in the past when D, which is a doctor belonging to C sexual surgery operated by the victim B, was in the past, the Defendant had not undergone a sex surgery or surgery in the above C sexual surgery.

On the other hand, the defendant is responsible for side effects caused by D's writing surgery by C, but he is not responsible for such side effects, such as re-operation.

The argument and the complaint were raised.

1. Around July 15, 2015, Defendant 1: (a) did not undergo an operation at the victim’s level of C sexual surgery; (b) on the part of Defendant 20:12, on the part of the victim, Defendant 1 posted a notice and comments on the hyp of the Internet portal site EF “H” under the title “I” by accessing the Internet site to the hyp; and (c) misoperation counseling with the place of “I” without sex, such as posting a letter of “the place of hyp” without sex.

Accordingly, with the aim of slandering, the Defendant posted false information openly through the Internet Cafbook bulletin board, which is an information and communications network, thereby impairing the honor of the victim.

2. The Defendant interfered with business affairs, as described in paragraph (1), disseminated false facts on the Internet car page, thereby interfering with the duties of attracting customers of the relevant hospital.

Summary of Evidence

1. The defendant's partial statement: The defendant has posted a notice and comments on the same contents as the list of crimes in the annexed sheet;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Part of the police statements made to J;

1. Copy of a notice prepared by the person to whom he/she is given and a copy of the closure of comments;

1. Complaint;

1. Determination as to the Defendant’s assertion of the recording file of telephone conversations between the Defendant and C Sungwon

1. As to the assertion that there is no false fact, the defendant and his defense counsel will be C sexual out of the prison line at the time when the defendant puts his writing or comments on comments.

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