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(영문) 서울중앙지방법원 2018.06.20 2017가합555438
기사삭제 등
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from May 10, 2016 to June 20, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person who served as a naval military advocate, and the Defendant is a newspaper who operates the Internet homepage (C; hereinafter “instant site”).

B. On May 9, 2016, the Defendant posted the following articles (hereinafter “instant articles”) at the time when the Plaintiff was a military advocate on the instant site.

D An incumbent military advocate who left the Judicial Research and Training Institute was arrested on suspicion of indecent act by compulsion of foreign women at a new wall age club on the day.

9 days Seoul Gangnam Police Station's 20th Japanese women AC was arrested as a flagrant offender and military police officers of the military due to the suspicion that the body of the female AC, which is the 20th Japanese military police station, was in excess of the 30th military military judicial police officers.

AC became known as ELT who graduated from the PPP and the Judicial Research and Training Institute.

The naval side of the Navy tried to be prosecuted after examining detailed circumstances.

C. In the article of this case, the Defendant first explained the Plaintiff as “a person who graduated from the Preamble and Judicial Research and Training Institute (E)” and changed the Plaintiff’s “Sariart who graduated from the Preamble and Judicial Research and Training Institute” at the Plaintiff’s request.

As above, although the Plaintiff was indicted on charges of sexual indecent conduct against women in the 20th century, the General Military Court of the Navy rendered a judgment of innocence to the Plaintiff on the grounds that it is difficult to believe the statement of victimized women on December 29, 2016 (Article 2016No. 8 of the same Court). The prosecutor appealed from the military prosecutor, but the appellate court dismissed the appeal on June 15, 2017.

(No. 2017No. 28 of the High Military Court 2017No. 28) / [Reasons for Recognition] / The fact that there is no dispute, each entry of Gap evidence 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole

2. Occurrence of liability for damages;

A. 1) The Defendant asserts that the content of the instant article alone cannot be seen as having been identified by the victim because it is difficult to identify who is the content of the report. 2) The Defendant either does not specify a person’s name, or uses two letters or initials.

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