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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. The Plaintiff is a non-profit, non-profit, non-governmental organization whose main business is human rights education, policy, counseling, etc., and the Defendant is a vice-president, who is currently the C Chairperson.
B. On September 26, 2016, with respect to the case of D falling death in the course of maritime operations conducted at the East and East Sea, the Defendant indicated the following information on his SNS (hereinafter “instant bulletin”) on October 1, 2016 and October 2, 2016.
[1 October 1, 2016] Exemplary D pilots, operating professionals' families, D pilots who died on duty in the course of diving operations in the East Sea in the East Sea, and operating companies, respectively, have been stipulated in the joint distribution center in the National Armed Forces Water Service Hospital and three pilots and operating companies.
Even though anyone who is the bereaved family was sound or who was lurged in the Navy, there was no person who is lurged in the Navy, and instigates A's organization to refuse to make a final judgment before the cause of the final judgment, the bereaved family refused.
[No. 2. October 2, 2016] D pilots and operating companies died on duty at the National Armed Forces Water Service Hospital, which was called as the Navy.
A Organization has advertised that the bereaved families are opposed to the common sense even until the day.
However, any bereaved family member did not make a claim and rejected his or her return and inciting.
C. The Defendant was indicted for a summary offense of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) due to the act of preparing the instant comments, and the court issued a summary order of KRW 1 million against the Defendant. The Defendant requested formal trial and the Seoul Southern District Court acquitted the Defendant of the above charges on July 14, 2017 (2017DaMa232). While the Prosecutor appealed against the said judgment, the appeal was dismissed (Seoul Southern District Court Decision 2017No1563, Oct. 16, 2018) but the said judgment became final and conclusive around that time.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4, 7, and Eul evidence Nos. 1, 4, 13.