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(영문) 서울중앙지방법원 2017.05.10 2017고정251
명예훼손등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who has received dental treatment in E dental services operated by the victim D with the second floor of the Seoul Special Metropolitan City C Building.

The Defendant, from August 11, 2016 to August 13, 2016, from around 9:00 to August 18:00, 2016, from around 09:0 to around 18:00, from August 16, 2016 to around 18:0, from around 16, 2016 to around the above building, “E dental director shall be diagnosed as 4 oral cancer with a medical negligence recognized, dental surgery, homicide, E dental surgery with death, and psychotropic surgery with a large hospital at the time, and e dental surgery with a large hospital at the time.

“Picket or banner prepared with the content,” attached to the road floor, and one person demonstration was conducted.

However, the fact was that the victim had a crypt operation against the defendant around August 2015, and around March 2016, it was not confirmed that the defendant had a crypt operation and that it was related between the victim's crypt operation and the victim's crypt operation.

As a result, the defendant injured the reputation of the victim by openly pointing out false facts, and spread false facts at the same time interfered with the business of the victim's hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to police statements concerning D and written statements adding thereto;

1. Article 307(2) of the Criminal Act applicable to the facts constituting an offense (referring to defamation and comprehensive defamation), Articles 314(1) and 313 of the Criminal Act (referring to interference with business, inclusive) of the said Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., the fact that the Defendant has no criminal record of a stay of execution or more, the Defendant’s military duty heavy, and some of the circumstances of the

1. The summary of the assertion is the fact that the defendant conducted a one-person demonstration as stated in its reasoning.

However, the perception that the judgment of the defendant is false, and defamation.

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