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(영문) 서울중앙지방법원 2018.04.04 2017나89393
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 5, and 6, and Eul evidence Nos. 1-1 and 2, unless there is a dispute between the parties or in full view of the purport of the pleadings:

On April 18, 2014, in relation to the structure of the sinking accident of the Sewol ferry, the Plaintiff had an interview with the general programming channel C press, and the interview was broadcasted on April 18, 2014, and the articles related to the Plaintiff were reported by several media organizations.

나. 2014. 4. 20. 15:32경 인터넷 사이트 D의 게시판(이하 ‘이 사건 게시판’이라 한다)에 E이라는 제목 하에 ‘경찰 위치파악 완료 곧 검거예정’이라는 글이 게시되었고, 이에 “F”라는 닉네임을 사용하는 피고가 “이년도 진짜 ㅄ인게, 지금 정부에서는 어떻게든 유가족과 국민의 분노를 쏟아낼 표적을 찾고 있는데, 이 타이밍에 걸리면 아작 날거라는걸 생각을 못함. 베충이들도 마찬가지고 ”라는 댓글(이하 ‘이 사건 댓글’이라 한다)을 게시하였다.

The number of comments on the comments of this case is 2,700 times.

C. Meanwhile, on the other hand, the Plaintiff was indicted on January 9, 2015 on the charge of impairing the honor of the Commissioner General of the Korea Coast Guard by openly pointing out false facts with respect to the interview with the Korea Press. However, on January 9, 2015, the Plaintiff was acquitted from the above branch of the Gwangju District Court. The Prosecutor appealed to the Gwangju District Court 2015No200 and the indictment was modified, but the said court acquitted the Plaintiff on September 1, 2016.

The Defendant was indicted for the facts charged that the Plaintiff publicly insultingd the Plaintiff by posting the instant comments, and became final and conclusive on May 15, 2015 after being sentenced to a suspended sentence of a fine of KRW 200,000,000.

(Seoul Southern District Court 2015DaMa969). According to the facts acknowledged in the above basic facts, the defendant can confirm the contents of the article by accessing many unspecified persons.

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