Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The defendant has received rehabilitation treatment from the victim D, who is the doctor in charge, as the chief of the department of rehabilitation in C hospital, due to satisfy in February 27, 2012 due to traffic accidents. In this regard, the customer center of C hospital has prepared and submitted the customer proposal card for the victim D more than 40 times and filed a complaint.

In October 2012, the Defendant, at the C Hospital pain treatment room, damaged the honor of the victim D, who is the director of the rehabilitation department, by stating that “When you meet, it is not good that the director of the division of the rehabilitation department or department would be good, it would not be good for him/her to go with the rehabilitation department or the director of the division.”

Summary of Evidence

1. Statements made by witnesses D and F in the second trial records;

1. Statement made by witnesses E in the third protocol of the trial;

1. Statement made to D by the police;

1. Application of F’s written confirmation-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and the choice of punishment: Article 307 (2) of the Criminal Act;

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

1. Provisional payment order: The defense counsel's assertion on the defense counsel under Article 334 (1) of the Criminal Procedure Act refers to the assertion that even if the defendant made the same statement as the criminal facts to E who is the physical clinic of the C Hospital where the victim D works, it has no possibility of spreading it to an unspecified or many unspecified persons.

In the crime of defamation, “public performance” refers to a state in which many, unspecified or unspecified persons can be recognized, and even if the facts are distributed to one person individually, if there is a possibility of spreading them to many, unspecified or unspecified persons, the requirement of public performance is satisfied, but if there is no possibility of spreading any other matter, there is no public performance.

(see, e.g., Supreme Court Decision 2010Do7497, Sept. 8, 201). The following circumstances acknowledged by the evidence revealed earlier, namely, the statement of criminal facts.