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(영문) 광주지방법원 2021.01.15 2020나53179

손해배상(기)

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. Facts of recognition;

A. The Defendant reported that C posted a statement of criticism against the Plaintiff on its page, and the Plaintiff referred to as “the same bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch” on July 2, 2017, and “the face bitch bitch bitch bitch” on July 2, 2017, and “the face bitch bitch bitch bitch bitch bitch,” on the same day, on around 18:12, 18:10 on the same day, she does not look at two times to murder bitch son.”

’ 라는 댓 글을, 같은 날 22:58 경 ‘ 빨리 뒤지지.. 자살 ㄲㄲ’ 이라는 댓 글을, 같은 날 23:34 경 ‘ 씨발 년 아 ㅋㅋㅋ’ 라는 댓 글( 이하 ‘ 이 사건 각 댓 글’ 이라 한다) 을 각 작성하여 게시하였다.

B. On December 3, 2018, the Plaintiff filed a complaint against the Defendant on the charge of insulting the Defendant, and the Defendant acknowledged all the above facts. However, on the ground that the Plaintiff’s complaint was filed for six months after the filing of the complaint, the disposition of non-prosecution (not having authority to institute a public prosecution)

【Unfounded grounds for recognition】 Facts without dispute, Gap evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, each of the comments of this case is an insulting expression that infringes on the Plaintiff’s personality, such as containing a supplic expression against the Plaintiff or a son or descendant who criticizes the Plaintiff, and thus, the Defendant’s act of preparing and posting each of the comments of this case on the Pins North that can be seen as an unspecified number of people constitutes a tort that infringes on the Plaintiff’s personality right by openly insulting the Plaintiff.

Since it is obvious in light of the empirical rule that the plaintiff had suffered mental suffering, the defendant is liable to compensate for the mental suffering suffered by the plaintiff due to the tort.

B. Regarding the amount of consolation money to be compensated by the Defendant, taking into account all the circumstances revealed in the pleadings of the instant case, such as the health team, the background leading up to the Defendant’s writing of each of the comments of the instant case, the content of each of the comments of the instant case, and the degree of mental suffering suffered by the Plaintiff.