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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The relevant Plaintiff, while making a part-time job at a dan bar, had sexual intercourse with the Defendant, who first became a guest and became aware of with the said customer several times from August 2013.
B. At around 00:30 on August 23, 2013, the Defendant taken pictures of the Plaintiff’s body body by a camera of a mobile phone apparatus, which the Plaintiff, under the influence of alcohol, was in possession of a crepan in the mouth, against the Plaintiff’s will (hereinafter “the pictures of this case”).
C. 1) On August 4, 2014, C, the spouse of the Defendant of a civil lawsuit, filed a lawsuit claiming damages against the Plaintiff on the ground that the Plaintiff, as described in the foregoing paragraph A, had a sexual intercourse with the Defendant, thereby having reached a breakdown (Seoul Western District Court 2014Da234103, hereinafter referred to as “instant civil lawsuit”).
() In the civil litigation related to the instant case, C submitted as evidence the Plaintiff’s body photo taken by the Defendant. On April 27, 2016, the said court rendered a ruling dismissing C’s claim on the grounds that at the time of the Plaintiff’s sexual intercourse with the Defendant, the Defendant could not be deemed to have known of the Defendant’s sexual intercourse with the Defendant, and the appeal filed by C (Seoul Western District Court 2016Na3367) was dismissed on November 4, 2016, and the said judgment of the first instance court became final and conclusive around that time. 2) On July 8, 2015, the Defendant in criminal litigation became final and conclusive.
On May 13, 2016, the Defendant’s appeal (Seoul Western District Court 2016No674) filed an appeal against this order was dismissed on September 29, 2016, which was dismissed on September 29, 2016. The judgment of the first instance court was rendered that the Defendant’s appeal (Seoul Western District Court 2016No674) was dismissed on September 29, 2016.