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(영문) 춘천지방법원강릉지원 2019.10.15 2018나32125

손해배상(기)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. 1) On August 3, 2016, the Defendant: (a) on the street in front of the E heading in Gangnam-si C market D, the Defendant and the Plaintiff’s mother were satisfed; and (b) on the horse and hand floor, the Plaintiff inflicted an injury on the catum and the tension that require approximately two weeks of treatment in each of the Plaintiff’s timber and hand. (c) The Defendant was subject to suspension of indictment on the above criminal facts.

B. 1) On October 7, 2016, the Defendant was asked from the Plaintiff that he did not act as a guest, and therefore, the Plaintiff saw the Plaintiff’s timber with her hand, faced with the wall by fasting the Plaintiff’s face, and caused injury to the Plaintiff, such as salt, tensions, tensions, straws, etc., which require approximately two weeks of treatment. 2) As a result, the Plaintiff was hospitalized for nine days from October 7, 2016 to May 15 of the same year.

During the above period, the Plaintiff spent 421,950 won in total as medical expenses (the principal’s charge).

3) On January 2018, the Defendant was prosecuted as a crime of injuring the above crime and was sentenced to a fine of KRW 2.5 million, and the above judgment became final and conclusive. (C) On January 1, 2018, the Defendant publicly insulting the Plaintiff by referring to the Plaintiff, who was not good for the usual space among many unspecified customers in the vicinity of the E shop located in Gangnam-si C market D, Gangnam-si. In the vicinity of the E shop located in Gangnam-si, Seoul Special Metropolitan City.

2) On June 29, 2018, the Defendant was indicted on the charge of insult on the said criminal facts. [In the absence of dispute over the grounds for recognition, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, Gap evidence 4-1, Gap evidence 5, 6, Gap evidence 7-1, 7-2, and Gap evidence 8, and the purport of the whole pleadings, which are significant facts in this court, and the purport of the whole pleadings.

2. Determination

A. According to the facts of recognition of the liability for damages 1.1, the Defendant is insulting the police officer on August 3, 2016, October 7, 2016, and January 2018.