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(영문) 서울중앙지방법원 2017.08.23 2017나8592
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. Facts of recognition;

A. The Defendant written the instant comments on the articles listed in the [Attachment] with respect to the Plaintiff (be posted on the Internet portal site) as follows:

It is possible to see the content of the comments on the date and time of preparing the comments, and the content of the comments, such as Defendant F’s attached Form, so far as long as there is a room to do so, and if there is no boom, it is a whole blick belt that embling the body of the face voice in a human aspect,

B. On November 26, 2015, the Plaintiff filed a complaint against the Defendant as a crime of insult, and the Seoul Central District Prosecutor’s Office rendered a disposition of incompetence (Evidence of Evidence) against the Defendant against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 25, 27, Eul evidence No. 14, the purport of the whole pleadings

2. Determination

A. 1) The term “defluence” refers to the expression of an abstract judgment or a disfluence that may undermine the social assessment of a person without a statement of facts (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003). According to the above facts, the Defendant, according to the above facts, made the instant comments on the Internet portal website news article that could prejudice the Plaintiff’s social assessment, thereby committing a tort of openly insulting and insulting the Plaintiff. As such, the Defendant is liable to compensate the Plaintiff for mental damages arising therefrom. 2) As to this, the Defendant’s “G” in the instant comments is merely an expression that represents the Plaintiff’s separate name or the Plaintiff, and the remainder does not constitute insult of the Defendant’s intent that the Plaintiff’s artist does not appear merely because the Plaintiff’s perception is the prevail of the Plaintiff.

No evidence exists to deem that G has been ordinarily used as the Plaintiff’s separate name or expression referring to the Plaintiff, and rather, in light of the overall context and content of the instant comments, “G” was committed an indecent act against the Plaintiff.

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