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(영문) 서울동부지방법원 2018.07.20 2018나22000
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The Defendants, respectively, are against the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 18, 2014, the Plaintiff had an interview with F in general programming channels in relation to the structure of E accidents, and the interview was broadcasted on the same day.

After that, the article about the plaintiff was published through several media companies.

B. On April 18, 2014, as the title “G” on the Internet Blog bulletin, the Plaintiff’s photograph and the Plaintiff were posted, and the Defendants, on the same day, written the comments on the following contents.

It is necessary to spread the content of the author’s comments and the following year of Defendant B’s flag garbage, or sns’ Gabs’ lab, and there are many lubs which are fluent to the Gura on the incitement of the government, and to punish it strongly.

Defendant C’s low-end year, Habahhhh to low-end, and Hababa required by

It is necessary to see whether the members of the rescue team at the site lose their desire because it is the year of satisfe seeds that result in the satisfination of power only in the structure in the case of Defendant D D in the past.

C. The Plaintiff filed a complaint against the Defendants with an investigative agency on the charge of insult, and both Defendants were subject to a disposition of suspending prosecution from the prosecution.

On the other hand, the Plaintiff was indicted 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 F, but was acquitted on January 9, 2015.

(Magju District Court Decision 2014Ma612). The Prosecutor appealeds against this, but the Plaintiff was pronounced not guilty on September 1, 2016 (Magju District Court 2015No200), and according to the Prosecutor’s appeal, the above criminal case is currently pending in the final appeal.

(Supreme Court Decision 2016Do14678). [Grounds for recognition] Facts without dispute, entry in Gap's Evidence Nos. 1, 2, 3, 4, 7, 8, 9, 10, 11, and 12 (including virtual numbers), the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Defendants’ summary of the Plaintiff’s assertion infringed on the Plaintiff’s honor and personality rights by preparing comments on insulting expressions against the Plaintiff.

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