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(영문) 서울중앙지방법원 2018.09.19 2018나19803
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On April 18, 2014, the Plaintiff had an interview with a general programming channel D, in relation to the structure of “C accident”, and the interview was broadcasted on April 18, 2014.

B. At around 15:51 on April 18, 2014, E press, a news agency, posted an article stating that “On the Internet, the Plaintiff, while holding the interview with D press and the above personal news, the police, determined that the Plaintiff’s aforementioned assertion was false, and that the Plaintiff was a policy to apply a suspicion of defamation by publication, etc. under the Criminal Act, etc., and that the Plaintiff had an interview with the above personal news, stating that “on the spot-site-related persons are prevented from inserting the personal diving book.” On the same day, the Defendant posted the article stating that “on the Internet portal news, etc., “on the face of the shock time...........,” on the same day, the Defendant continued to post the above article on the Internet portal G’s “the major field of news,” and on the same day, the Defendant did not appear to have “on the same day” as “on the same day.”

C. Meanwhile, the Plaintiff was indicted on January 9, 2015 for the charge of impairing the honor of the Commissioner General of the Korea Coast Guard by openly pointing out false facts with respect to the interview with the Korea Press and the above interview, but was acquitted on January 9, 2015. The Prosecutor appealeded to the Gwangju District Court 2015No200 and the indictment was modified, but the said court acquitted the Plaintiff of the changed charges on September 1, 2016.

In Busan District Court 2015 High Court Decision 2506, the defendant was indicted for summary facts that "the defendant posted the comments of this case and insultd the plaintiff who is a patent victim by openly posting the comments of this case", and received a summary order of KRW 300,000 from the above court on April 29, 2015, and the above summary order is issued.

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