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(영문) 서울동부지방법원 2016.01.21 2015노942
명예훼손등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Regarding the fact-finding defamation and interference with business, the Defendant did not make any false fact, but did not have a perception that it was false to the Defendant, and the Defendant did not have any false fact, and the patient who received medical treatment did not have any noise to the patient as “satisf...............” Since the Defendant made a demonstration to clarify the cause of the death of his father and wife, it was merely for the public interest, and the victim E did not have any intention of defamation or interference with business, and the victim E accepted the Defendant’s demonstration.

In addition, with regard to the issue of joint intimidation, the defendant did not have notified the victim of harm and injury to the effect that the victim would engage in the demonstration until he is held responsible for the death of C, and merely resisted by demanding that the victim be able to kill the death of C.

However, since the court below found all of the facts charged in this case guilty, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The 2-year suspended sentence and 120 hours of community service in the 8-month imprisonment sentenced by the lower court is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court: (a) held that the Defendant: (b) committed a demonstration with the victim’s negligence, such as “F hospital, a hospital to die with death,” or “F hospital that caused the death of his/her father due to a doctor’s medical care,” or “the F hospital that caused the death of his/her father due to the doctor’s medical care,” before the victim’s “F Health Institute” from February 11, 2014 to April 23, 2014; and (c) conducted a demonstration with the Defendant’s negligence; (d) however, the Defendant was killed by excessive use of the drugs prescribed by C by the injured person; and (e) was not negligent in the treatment act, such as the victim’s prescription, etc. (the Defendant prescribed medicine to C that the injured person did not directly wish to the hospital, or under the name of

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