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(영문) 인천지방법원 2016.11.25 2015나55335

손해배상(기)

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On November 18, 2013, the Defendant: (a) inserted the Defendant’s title “D” as “D; (b) on November 25, 2013, on the same page as “D2”; and (c) posted the same content as “D2” (attached Form 2), respectively, on the same page North Korea, around November 25, 2013 (hereinafter referred to as “the act of posting each Internet bulletin” as “the act of posting each Internet bulletin No. 1” (hereinafter referred to as “the act of posting each Internet bulletin”).

(2) On December 11, 2013, the Defendant posted the comments in writing on the bulletin on November 25, 2013, 2013, stating that “I will write my hand and write my title A (referring to the Plaintiff; hereinafter the same shall apply) from the E book and the worship. I divide the personnel who end his worship. I sent my book that I will write my hand on his hand and “I will not do so. I will do so. I will see my my book.”

(hereinafter referred to as 'the act of posting a letter on the Internet No. 2'). B.

In a criminal case (hereinafter “related criminal case”) against the Defendant, which committed the act of posting the above Internet comments Nos. 1 and 2 of the Defendant’s conviction as a crime of insult, the court of first instance rendered a judgment of acquittal in entirety against the Defendant on the ground that “the act of posting each of the above Internet comments by the Defendant constitutes a legitimate act under Article 20 of the Criminal Act, and thus, the prosecutor appealed against the Defendant.” The court of first instance rendered a judgment of acquittal in entirety on the ground that “The act of posting the above Internet comments by the Defendant constitutes a justifiable act under Article 20 of the Criminal Act,” and the prosecutor appealeds the prosecutor’s appeal. ② With respect to the insult portion caused by posting the Internet comments No. 1 on the Internet, the appellate court of Korea (Seoul District Court 2015No2133) reversed the above insult portion of the judgment of acquittal in the judgment of acquittal in the judgment of acquittal in the judgment of first instance on the ground that “the act of posting the Defendant’s social evaluation is an expression of abstract judgment or light appraisal, and it cannot be deemed a justifiable act under Article 20.”

(No. 2) The prosecutor’s appeal on the insulting part due to the posting of the Internet was dismissed. The defendant is dismissed.

참조조문