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(영문) 서울동부지방법원 2018.06.15 2017나28001
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, in relation to the structure of the sinking accident of the Sewol ferry, the Plaintiff had an interview with the general programming channel E press, and the interview was broadcast immediately.

Since then, many media companies reported articles about plaintiffs.

B. On April 18, 2014, on the free bulletin board of the Internet community website “F,” comments on the Plaintiff were posted, and Defendant B, on the same day, written the comments “G” on the said bulletin.

다. 위 ‘F’의 ‘자유게시판’에 2014. 4. 22. “H”라는 제목으로 원고에 대한 글이 게시되자, 피고 C은 같은 날 위 게시물에 “한마디로 미친년이구만요 ㅜ-"라는 댓글을, 피고 D은 “에라이 미친년 ;”이라는 댓글을 각 작성하였다. 라.

On the other hand, the Plaintiff was indicted on 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 E media. However, the Plaintiff was acquitted on January 9, 2015 from the first instance court (Gwanju District Court Decision 2014Ra612).

The prosecutor appealed against the judgment of the court of first instance and changed the indictment, but the plaintiff was sentenced to the reversal and innocence of the judgment of first instance in the appellate court on September 1, 2016 (Seoul District Court 2015No200).

The prosecutor's appeal against the appellate judgment is currently pending in the final appeal court (Supreme Court Decision 2016Do14678).

E. The Plaintiff filed a complaint against the Defendants with an investigative agency on the charge of insult, but all the Defendants were subject to a disposition of suspending prosecution at the prosecutor’s office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 11, and 12, the purport of the whole pleadings

2. According to the above facts of recognition of liability for damages, the Defendants posted comments on the Internet bulletin board which enables an unspecified number of people to confirm the contents of the text, thereby having committed a tort of insulting the Plaintiff.

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