According to the above facts, the defendant is obligated to pay consolation money for mental damage suffered by the plaintiff, since he committed a tort of photographing the plaintiff's body, which may cause a sense of sexual shame by using mobile phones, against his will.

2. In calculating consolation money due to a tort within the scope of liability for damages, consideration of the victim's circumstances, such as the victim's age, occupation, social status, property and living conditions, degree of suffering from damage, degree of the victim's fault or negligence, motive and cause of the harmful act, and attitude of the perpetrator after the illegal act, together with the circumstances of the perpetrator, is consistent with the principle of fair liability for damages. The court may determine the amount of consolation money at its own discretion, taking into account such various circumstances into account.

(see, e.g., Supreme Court Decision 2007Da77149, Dec. 24, 2009). Each description of evidence Nos. 2, 3, and 6 (including paper numbers; hereinafter the same shall apply) and evidence Nos. 2 through 4 and the whole purport of pleading Nos. 2 through Nos. 4, and circumstances between the Plaintiff and the Defendant, which are acknowledged by the overall purport of oral argument, are as follows. In other words, the Defendant’s cresh of the Plaintiff and the Defendant’s