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(영문) 서울중앙지방법원 2018.05.08 2017고정3207
명예훼손
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 18, 2017, at around 13:00, the Defendant conducted a demonstration at the victim C Co., Ltd. in Gangnam-gu Seoul, Seoul, with the phrase “C (main stem cell)’s money in front of the victim C Co., Ltd., and “C (main stem cell) has taken the money of the same ordinary people so that it can immediately be refunded to the defendant’s body and immediately refunded the stem cell (storage in custody) with no effect.”

However, the defendant would return the amount to be settled and returned by the injured party according to the contract.

Even if there was a variety of symptoms showing that the effect of the stem cell procedure would result in the evaluation of safety and effectiveness of the stem cell procedure, as well as the actual effect of it, the victim's cooperation hospital's stem cell procedure is "uneffective stem cell (storage procedure)" and the victim's public demonstration is conducted as above.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Part of the defendant's legal statement (the part of the defendant's statement to the effect that he / she hangs the skin in his/her body and makes a one person's demonstration at the date and place held

1. Legal statement of the witness D;

1. Statement made by the police for E;

1. Investigation report (Submission of a written contract and submission of reference materials to the complainant - Proof of the effect of pactase treatments to be reduced);

1. Application of each Act and subordinate statutes for reference;

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel believed that the contents stated in the ruling in the criminal procedure law regarding the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act are solely related to the public interest and that they are true at the time.

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