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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
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
【The part of the judgment of the court of first instance】 On the 3rd page 7 of the judgment of the court of first instance, “it is still pending in the appeal court at present.”
The appeal was filed. In the appellate court (Seoul Central District Court 2016No4872), the defendant was acquitted on October 17, 2019, and both C and the prosecutor filed all appeals, and they are still pending in the final appeal at the present time."No. 3 of the first instance judgment of "No. 1 and No. 9" as "No. 1, 9, and No. 17" as "No. 8 of the first instance judgment of "No. 1, 9, and No. 17."
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 there is a considerable reason to believe that the alleged fact is true, as well as when the alleged fact is proved to be true even if it is not proven. Here, whether an actor has a considerable reason 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 contents thereof, taking into account various circumstances, such as the contents of the alleged fact, the evidence or materials believed to be true, the certainty and credibility of the evidence or materials; (b) the degree of damage to the victim caused by the time of statement; and (c) whether the authenticity is supported by objective and reasonable materials or reasonable grounds (see, e.g., Supreme Court Decisions 2006Da15922, Dec. 22, 2006; 2012Da4138, Jun. 12, 2014).