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1.The part of the judgment of the court of first instance against the principal claim shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. Basic facts
A. The Defendant is a car page of “E”, a car page of the Internet portal site “D,” and the Plaintiffs were active as a member of the said car page and withdrawn.
B. On November 30, 2010, the Defendant was indicted for violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), etc. of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Act”) and was sentenced to a judgment of conviction on some of the charges on February 1, 2012. On November 27, 2012, the Defendant was sentenced to a judgment of partial conviction (a suspended sentence of imprisonment) at the appellate court. On June 27, 2013, the said judgment of the appellate court became final and conclusive (Seoul Western District Court Decision 2010Da2323, etc.) and on the other hand, on April 13, 2012, Plaintiff A submitted a written petition for a release on bail for the Defendant at the appellate court proceedings.
3) On May 1, 2012, Plaintiff A posted the content of the said written petition for release on bail on the Kafbook, and on May 4, 2012, the Defendant posted a statement on the comments that “FNNNNNNNNNNNNNNNNNNNNNNNNNNNNNDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD D
C
C. On the other hand, around 2015, the Defendant informed the police of the same personal information as the Plaintiff B’s telephone number.
B) On July 2015, Plaintiff B received notification from the police that “the person shall be subject to investigation due to defamation.” (2) On August 3, 2016, Plaintiff A posted comments on Plaintiff A’s bulletin board “G” which is an Internet D camera, and on August 3, 2016, Plaintiff A posted the following comments on the Internet. FB) Defendant filed a complaint against Plaintiff A against Plaintiff A’s comments on the said comments, but the Defendant was subject to a disposition as to Defendant A’s defamation on October 31, 2016.
C) Although Plaintiff A filed an accusation against the Defendant’s above accusation, the Defendant was subject to a disposition on February 16, 2017, against which the Defendant was suspected of having been posted on June 13, 2017.