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(영문) 서울고등법원 2013.12.19 2011나100406
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 39,000,000 and KRW 20,00,000 among them.

Reasons

1. Basic facts

A. The Plaintiff is a church created by C around 1962, and as a doctrine, the Plaintiff assumes that “C” was natural, “D” was believed to be a mother of the field, abide by the Saturday, and observe the season, such as wintering, etc.

Since the death of C around 1985, E is a general meeting leader and continues to perform missionary activities.

B. The Defendant, as a member of the FSC, had been engaged in the research of this part of the FSC and the activities pointing out contradictions in this part of the doctrine. From 1997, the Defendant decided the Plaintiff as an interest group and announced the “G”, “H”, etc. that criticizes the Plaintiff.

C. A fire occurred on June 5, 199 and the Defendant’s remarks (1) around 03:45 on June 5, 1999, on the second floor of the Jungjin-gu Jungjin-gu I working by the Defendant.

(2) On June 5, 1999, the Defendant stated that “The place where the most recent general doctrine is criticized is being criticized is the Plaintiff church and K religious organization, and it is presumed that there was a recent intimidation telephone and the abortion case, etc., which are presumed to be his behavior. The Defendant appears to have been containing oil at a place which appears to have been seen as a shot point, and thus, it appears to be a fire-prevention.”

(3) On July 6, 1999, the Plaintiff’s new 356 persons filed a complaint against the Defendant as defamation. On October 13, 1999, the Jeonju District Court notified the Defendant of a summary order of KRW 1,000,000 (No. 99Da12118).

On April 3, 2001, the Defendant filed a request for formal trial against the above summary order, and the Jeonju District Court found the Defendant guilty of defamation charges by publicly alleging false facts and sentenced a fine of KRW 1,00,000.

(2) The defendant appealed against the defendant, but the Jeonju District Court found the defendant guilty on October 11, 2001, and reversed the first instance judgment on the ground of unfair sentencing and sentenced a fine of KRW 500,000.

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