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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the judgment of the court of first instance, except for the corresponding part as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the
[Supplementary order] On the 3rd page of the judgment of the court of first instance, the phrase “it is still pending in the appeal court at present” is as follows.
In the appellate court (Seoul Central District Court 2016No4872), the defendant was found not guilty on October 17, 2019, and both C and the prosecutor filed a final appeal, and they are still pending in the final appeal at the present time."No. 3 of the judgment of the first instance, the "No. 10" as stated in Part 9 of the judgment of the first instance is deemed "No. 10, 13."
In the first instance judgment, the first to 11 of the first instance judgment are as follows.
In addition, if the objective is solely for the public interest, it shall be deemed that there is no illegality if the actor has any reasonable ground to believe that the alleged fact is true, as well as where the alleged fact is proved to be true even if it is not proven. Here, whether the actor has a reasonable ground to believe the truth should be determined in light of the following: (a) whether the actor has conducted an adequate and sufficient investigation to verify the authenticity of the content thereof by taking into account the various circumstances, such as the content of the alleged fact; (b) the evidence or materials believed to be true; (c) the reliability and credibility of the factual verification; and (d) the degree of damage to the victim caused by the time, etc.; and (b) whether the authenticity is supported by objective and reasonable materials or grounds (see, e.g., Supreme Court Decisions 2006Da15922, Dec. 22, 2006; 2012Da4138, Jun. 12, 2014).