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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. Basic facts
A. On July 9, 2013, the Plaintiff was indicted for a violation of the law (Rape, etc.) committed against the protection of children and juveniles against sexual traffic by committing a criminal act, such as the Seoul Southern District Court 2013 Man-Ma285, 2013 Man-Ma9 (Joint), etc., and the said court rendered a judgment of conviction against the Plaintiff for 12 years, etc. on January 6, 2014.
On September 1, 2014, the Plaintiff appealed as Seoul High Court 2014No230, 201439, and the said court rendered a judgment of conviction against the Plaintiff for nine years, etc.
B. On the other hand, on November 13, 2014, the Supreme Court rendered a judgment of reversal, return (Supreme Court Decision 2014Do9288, 2014 Jeondo167 (merged)) to the effect that the Plaintiff is acquitted, and thereafter, rendered a judgment of innocence on October 16, 2015 in the judgment of reversal and return, and the said judgment was dismissed by the Prosecutor’s appeal by the Supreme Court on November 9, 2017, and became final and conclusive as it is.
C. On January 18, 2015, from around 00:28 to 00:52 of the same day, the Defendant posted the comments on the Plaintiff’s Internet news bulletin posted in the Nam-gu Incheon Metropolitan City, stating the Internet address that can see the Plaintiff’s photograph, and posted the comments (hereinafter “instant comments”) stating, “Irrefinites finite finite finite finite finite finite finite finite finite finite finite finite finite fin
On July 29, 2016, the Plaintiff filed a complaint against the Defendant on the charge of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation), and the prosecutor of the Incheon District Prosecutors' Office issued a disposition of suspending prosecution against the Defendant.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The defendant's act of disclosing the plaintiff's real name to the news articles related to the plaintiff's assertion and posting the plaintiff's photograph constitutes defamation or insult through personal exposure against the plaintiff. Accordingly, the plaintiff's mental shock.