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(영문) 대구지방법원 안동지원 2014.02.18 2013고정142
명예훼손등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a pharmacist who operates the G pharmacy on the first floor of the F Building in Ansan-si, and is a lessor of the said building, and the victim H and I is a physician and a lessee of the building who operates the J Council at the second and third floors of the same building. The Defendant was willing not to prepare medicine for patients who did not agree to raise the rent of the building by the victims, who did not respond to the increase of the rent of the building.

1. Defamation and interference with the business of the Defendant: (a) around November 6, 2012, at the “G pharmacy” located on the first floor of the F Building at Ansan-si, the victims did not prescribe drugs containing narcotics or designate a pharmacy to prepare medicine at the hospital operated by the victims; (b) however, the patients K, who received a prescription from the victim H, issued with the victim H, “no medicine exists; (c) there is a drug of narcotics ingredients; and (d) around December 7, 2012, L patients (“her pharmacy has no drug ingredients.” This medicine is used for a long period of time; (c) around October 2012, 2012, the patients reported to the patient “a pharmacy designated by the hospital to another pharmacy and a pharmacy designated by the hospital,” thereby openly pointing out false facts to the patient, thereby impairing the honor of the victims, and interfered with the patient’s business.

2. The Defendant violated the Pharmaceutical Affairs Act: (a) at a pharmacy operated by the Defendant from October 12, 2012 to December 2, 2012, the Defendant refused to prepare drugs prescribed by the victims by the said method without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement by the prosecution concerning L;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement to H and K;

1. Each investigation report (the investigation by the JJ on telephone communications with respect to the patient with the diagnosis and treatment, file of the list of the suspect's return medicines, the complainant, file of the list of medicines requested by the suspect's pharmacy, file of the list of medicines, the complainant, and check and confirm the suspected return medicines

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