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(영문) 인천지방법원 2020.06.05 2019나4779

손해배상

Text

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

The defendant shall pay to the plaintiff KRW 1,500,000 and shall be paid to the plaintiff on July 5, 2019.

Reasons

1. 기초사실 피고는 2017. 9. 2. 네이버 블로그 공개게시판에서 ‘C’이라는 닉네임을 사용하여 원고를 지칭하며 "툭하면 논설위원, 칼럼니스트라는데 D언론, E언론

.. 제주도에 뭐 심어놨나 근데 무슨 칼럼

. When, at any time, it was written as to the place of origin

. D. The media or E press posted a letter “N.........” and “D.....” refers to F..... of why the proposal was “.....”

It is necessary to write down simply whether the portion of c is the same as that of c.

F 패거리들이 다음은 어디로 옮겨가 있을지 모르겠네여..^^ (중략) 물론 행동대원들도 같이 움직이겠죠

(a) has received, even if they were properly used as acting members;

The court of first instance judged that the offense of insult was established against the above crime, and sentenced a fine of KRW 1,500,000 to a conviction.

Therefore, although the defendant appealed, the appellate court rendered a judgment dismissing the appeal and the judgment of the first instance became final and conclusive.

(In Incheon District Court Decision 2018Gohap403 Decided August 29, 2018, and Incheon District Court Decision 2018No3191 Decided January 23, 2019) / [Grounds for recognition] without dispute, entry in Gap evidence 5, 6, and 8, and the purport of the whole pleadings.

2. Determination

A. In a case where an expressive act constituted tort against another person expressed critical opinions, if the form and content of such expressive act constitutes an insulting and disavout personal attack or an act of publishing distorted facts going beyond a certain degree of exaggeration as to another person’s personal affairs, thereby infringing on one’s personal right, such act may constitute tort as exceeding the bounds of expression of opinion.

(See Supreme Court Decision 2005Da65494, Apr. 9, 2009, etc.). The fact that the Defendant was subject to criminal punishment for insult is prior to the fact that the Defendant was subject to criminal punishment, and such an act constitutes a tort under the civil law, barring special circumstances.