손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Basic Facts
The Plaintiff was the president of the Daejeon Sung-gu D Hospital (hereinafter “instant hospital”) located in Daejeon, and the Defendant is the father of the child in this case and E using the postnatal care center around June 2015.
On October 28, 2016, the Defendant was sentenced to a fine of KRW 300,000 for the crime of insult on the following facts in the support of the Daejeon District Court (Sacheon District Court Branch Decision 2016Ma226), and the Defendant’s appeal against this was also dismissed (Sacheon District Court Decision 2016No3239), and the above judgment became final and conclusive as it is.
At around 17:00 on June 27, 2015, the Defendant expressed to the Plaintiff that “I see that I am well and I am well, if I am well, I am immediately this son?” while I am in the elevator of the instant hospital, I am openly insulting the Plaintiff.”
[Ground of recognition] A. A. 1, 2, 17, 18, and 25, and a civil trial for establishing tort liability based on the overall purport of the pleadings, even if not bound by the finding of facts in a criminal trial, the fact that a criminal judgment which became final and conclusive on the same factual basis was found guilty cannot be acknowledged unless there are special circumstances where it is difficult to adopt a judgment on facts in a criminal trial in light of other evidence submitted in the civil trial.
(See Supreme Court Decision 2007Da69148, 69155 Decided February 14, 2008, etc.). Examining the facts acknowledged earlier in light of the aforementioned legal principles, it is reasonable to deem that the Defendant committed a tort against the Plaintiff by bringing a bath to the Plaintiff.
Therefore, the defendant is liable to compensate for mental suffering suffered by the plaintiff due to tort in money.
The defendant does not show CCTV images requested by the defendant while treating the defendant's family as a criminal who intends to evade hospital expenses, etc., the defendant first.