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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2019.08.23 2019노616
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. The Defendant did not indicate false facts.

In other words, after the victim's mother's death, the victim found the defendant and claimed that "the mother died by taking advantage of the medicine prescribed by the defendant." After that, the victim took part in the demonstration before the defendant's hospital, the victim did not file a civil lawsuit against the defendant, and the victim demanded that the medicine and ingredients requested by the victim be the responsibility of the mother's death within the prevention of the victim's death. In light of the above, the victim took part in the demonstration before the defendant's hospital for the purpose of pecuniary gain.

B. The victim stated that “the victim’s mother was dead by an erroneous prescription of the Defendant” before the Defendant’s hospital and conducted a demonstration. The Defendant’s attachment of posters, etc. as indicated in the instant facts charged to protect his honor constitutes a justifiable act.

2. Determination on the grounds for appeal

A. In light of the following facts and circumstances acknowledged by the lower court’s judgment and evidence duly admitted and investigated, whether the Defendant posted posters, etc. as stated in the facts constituting a crime in the lower judgment constitutes a case where the Defendant publicly stated false facts.

This part of the defendant's assertion is without merit.

1. At the time of the interrogation of the suspect, the Defendant stated that “the victim did not directly demand money. However, the victim said that he would not receive money by exercising his real force,” or that “the victim did not talk about the amount of money.” The Defendant stated that “the victim would not want to pay money,” and that “the victim would resolve this situation, right away from the match.”

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