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(영문) 서울중앙지방법원 2017.10.18 2017나20400
손해배상금 위자료
Text

1. All incidental appeals by the Plaintiff (Counterclaim Defendant) and the appeal by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are assessed against the principal office.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;

A. 1) On March 23, 2007, the Plaintiff suffered an injury in need of 8 weeks’ medical treatment by assault by Defendant C, who is the Defendant’s seat on March 23, 2007. C was sentenced to 10 months of imprisonment due to an injury, and the said judgment became final and conclusive (Seoul Central District Court case 2008No384 case, hereinafter referred to as “specific injury case”).

2) As to the separate injury case, several cases between the Plaintiff and the Defendant were pending.

In the process, on August 21, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for an accusation against the Plaintiff in Seoul Northern District Court 2014No399, and the said judgment was finalized on October 27, 2014.

(hereinafter referred to as “pre-trialless accident”). B.

1) The Defendant, from January 24, 2010 to August 9, 2013, up to seven times, posted the same writing as indicated in the list of crimes in attached Table relating to the case of separate injuries in the “D” free bulletin board, etc., which is the following. 2) In relation to the above posted materials, the Defendant was indicted as a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation), and was tried as Seoul Northern District Court Decision 2014DaMa2079. The Defendant was convicted of the following purport on August 28, 2015.

O Criminal facts listed in the annexed crime list 1: It is recognized that the plaintiff has damaged the plaintiff's honor by posting a false fact with an intent to defame the plaintiff, thereby sentencing a fine of KRW 50,000.

O For each crime listed in attached table 2 through 7: A sentence shall be exempted in consideration of equity in cases where the crime is deemed to have been committed based on evidence, but the crime is judged concurrently with the crime of a prior accusation which is in a concurrent relationship under the latter part of Article 37 and Article 39(1) of the Criminal Act.

3. On the other hand, the defendant appealed from the part on which a fine of KRW 500,00 is sentenced for the criminal facts listed in the annexed list 1.

The above appellate court's Seoul Northern District Court.

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