손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff had an interview with the MBN of the general programming channel MBN in relation to D date E, and around 07:52, posted the pictures and text messages related to the interview (hereinafter “instant notices”) to the Kakao Sci Service, a SNS where many unspecified people can access the instant notices to verify the content.
나. 피고 B은 2014. 4. 19. 07:15 이 사건 게시물에 “이냔이나 이냔을 옹호하는 냔넘들이나 끼리끼리 논다고 왜 그러고 사냐 정신병자냔아 당당하면 기어나와서 조사받던가 오픈워커 주제에 마스터 까고잇네”라는 댓글을 작성하였다.
C. At around April 18, 2014, Defendant C written the comments on the instant notices, “Isriendity?” and “Isriendity?”
On the other hand, the Plaintiff was acquitted on January 9, 2015 on the charges of impairing the honor of the Commissioner General of the Korea Coast Guard by openly pointing out false facts with respect to MBN and the above interview. However, the Plaintiff was indicted on January 9, 2015, but the Prosecutor appealed the judgment of the first instance to the Gwangju District Court 2015No200, and the indictment was modified, but the Prosecutor was acquitted at the appellate court on September 1, 2016. The Prosecutor appealed to the Supreme Court 2016Do14678 and is still pending in the final appeal.
E. On April 24, 2015, the Plaintiff filed a complaint against the Defendants with the investigative agency on the charge of insult, and the prosecutor of the Incheon District Prosecutors’ Office rendered a non-prosecution disposition (Suspension of Prosecution) against Defendant B on April 24, 2015, and the prosecutor of the Seoul Northern District Prosecutors’ Office issued a non-prosecution disposition (Dismissal) against Defendant C on April 27, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 6, 11, and 12, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendants posted a letter on the Internet bulletin board that enables an unspecified number of people to confirm the contents of the text, thereby lowering the Plaintiff’s social reputation.