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(영문) 수원지방법원 2020.01.08 2019나67760
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a person who served as the president of the E organization around 2018, and Defendant C is a publisher of the F press company and Defendant B is a reporter of the F press company.

B. On April 2, 2018, Defendant B published an article stating that “Innju Police Station had sexual assaulted by the head of the women’s rhetoral organization at around March 2018, as shown in the attached Form on the F press and its Internet site (hereinafter “instant article”) had been received and started to be investigated.”

C. The Plaintiff filed a complaint from G to commit a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Instigious Rape, etc.), but (Article 4991 of the Instigious District Prosecutors' Office 2018). On July 10, 2018, the prosecutor in charge issued a non-prosecution disposition against the Defendant on the ground that G’s statement cannot be reliable (Evidence of Evidence).

Meanwhile, the Plaintiff filed a complaint against Defendant B and C as a crime of defamation (Article 6333 of the Military Prosecutors' Office in the Republic of Korea). However, on November 30, 2018, the public prosecutor in charge issued a non-prosecution disposition against Defendant B and C on the ground that “the Plaintiff is subject to the citizen’s right to know, after the Plaintiff filed a complaint against the Plaintiff, G husband and wife informed him of the fact that G husband and wife was in the F press office, and it is difficult to deem that the article was published for the purpose of slandering the Plaintiff on the ground that G husband and wife confirmed the article against the Plaintiff, and prepared the article in this case, etc., it is difficult to deem that the article was published for the purpose of slandering the Plaintiff.”

E. The Plaintiff appealed from the Seoul High Prosecutor’s Office No. 2019 (Seoul High Prosecutor’s Office) and 323, but was dismissed on February 15, 2019. The Plaintiff filed an application for adjudication with the Seoul High Prosecutor’s Office No. 2019 (Seoul High Prosecutor’s Office) but dismissed on May 31, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10 to 12, Eul evidence Nos. 1 and 2 shall include each number.

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