logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.12.22 2015나308730
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff posted a letter that differs from the Defendant’s idea (hereinafter “instant letter”) on the bulletin board and “D” following the C Internet, and the Defendant made and posted a statement that “Is his father and mother will die from a group of sexual assault. Non may die from a group of sexual assault. Non made and posted a statement that “Iss father and son and mother will die from a group of sexual assault.” Non’s statement that “Is father and son’s son and son’s son’s son’s son and son’s son’s son’s son’s son.”

(hereinafter “instant insulting act”). B.

On April 23, 2015, the Defendant was sentenced to a suspended sentence of a fine of KRW 300,000 in the Seoul Northern District Court Decision 2014Ma932 on April 23, 2015, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, it can be acknowledged in light of the empirical rule that the Plaintiff suffered mental suffering due to the insult of this case.

Therefore, the defendant is obligated to pay consolation money for mental suffering suffered by the plaintiff due to the insult of this case to the plaintiff.

In regard to this, the defendant asserts that the plaintiff's act of insult of this case was not likely to cause mental damage to the plaintiff since the plaintiff posted the article of this case for the purpose of causing the plaintiff to express comments on the ambiguous expressions and taking economic benefits on this ground. However, in light of the content of this case and the degree of expression, it is insufficient to recognize that the evidence submitted by the defendant alone submitted by the defendant posted the article of this case in order to induce the plaintiff to express comments on the insulting expressions, and there is no other evidence to acknowledge this differently.

Therefore, the defendant's argument is without merit to further examine.

B. Furthermore, as to the amount of consolation money, the reasons why the Plaintiff and the Defendant written the instant writing and comments, and the instant case.

arrow