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...
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the first instance court's judgment, except where the defendant adds the judgment under Paragraph 2 as to the matters for which the defendant asserts again in the court of first instance, and therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. Additional determination
A. The Defendant’s assertion that the comments posted by the Defendant are phrases that are not given, and they cannot be readily concluded as comments made by referring to the Plaintiff. The Plaintiff is a public official who actively participates in social discussions and actively engages in activities, and should be aware of the expression criticizes the Plaintiff. As such, the Defendant’s act of making comments on the instant article does not violate social rules, and it is not unlawful.
B. Since the title of the article of this case is "C" and the contents of the article explain the main intent of compulsory mediation against the plaintiff, it is reasonable to view that the defendant's expression "satis added", the comments posted in the article of this case, is directly referred to the plaintiff.
또한 ‘싸이코패스’라는 단어는 ‘겉은 멀쩡하면서도 끔찍한 범죄를 저지르는 반사회적인 성격 장애자’를 일컫는 말인데, 피고가 구체적인 사실이나 정황을 적시하지 아니하면서 이러한 단어를 사용한 것은 원고가 공인임을 감안하더라도 모멸적인 표현에 의한 인신공격에 해당한다고 할 것이다.
In addition, in light of the content, motive, circumstance, place of posting, etc. of the comments posted by the defendant, it is difficult to see that the defendant's posting of the comments is an act that does not violate the social norms in light of sound social norms, and thus, illegality is excluded.
The defendant's argument is without merit.
Since the defendant paid the provisional payment to the plaintiff after the judgment of the court of first instance at the date of the first instance, it is time when the judgment dismissing the plaintiff is sentenced.