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(영문) 서울중앙지방법원 2016.11.30 2016나46009
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph (1);

Reasons

1. Facts of recognition;

A. The Plaintiff, the Magman, was a criminal charge of indecent act by compulsion, and the Defendants, on the articles related to criminal prosecution against the Plaintiff, as described below, posted the comments (hereinafter “instant comments”) as follows, and filed a complaint against the Defendants as a crime of insult, and the Defendants were subject to suspension of indictment.

B. On August 15, 2015, Defendant B puts comments on the article of “this part of the article,” which read “this part of the article,” which reads “this part of the article’s 20-year-old women’s 20-year-old indecent act.”

C. On August 16, 2015, Defendant C puts comments on the article, “A or 20 knife the suspicion of indecent act against sexual intercourses,” and “the denial of suspicion,” which read as “brue with garbage plehys from one to another.”

On August 15, 2015, Defendant D puts on the article, “A, a club, and a 20-year female indecent act by compulsion,” the article, “A,” “Woo-Woo”.

E. On August 15, 2015, Defendant E puts comments on the article, “A, the Non-imprisonment of the charge of sexual indecent conduct against 20 women, and the denial of suspicion,” which read “F GW’s sexual indecent conduct,” from abroad to abroad.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 7, and 10, the purport of the whole pleadings

2. Determination:

A. According to the facts of recognition as above, the Defendants committed a tort of openly insulting the Plaintiff by preparing the instant comments, which could undermine the Plaintiff’s social reputation in the column of article comments on the Internet portal site where multiple and unspecified persons can confirm the contents of the comments by accessing the Internet portal site. Thus, the Defendants are liable to compensate the Plaintiff for mental damages arising therefrom.

B. The scope of damages is one time the number of crimes committed by the Defendants, and the Defendants appears to have reported articles that caused social controversy, such as the Plaintiff’s criminal admission due to indecent acts by force, and to have written comments on the instant articles by force.

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