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(영문) 수원지방법원 2016.10.20 2016나50020
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 4, 2013, the Plaintiff, by using “A” under his/her real name as an Internet clinic, drawn up comments on the news articles of title “D” on the portal site operated by the following communications [C].

B. Around June 5, 2013, the Defendant written the comments on the Plaintiff’s comments on “F” regarding the Plaintiff’s comments by using the “E” as an clinic.

[Ground of recognition] The entry of Gap evidence No. 4 and the purport of the whole argument

2. Determination on the cause of the claim

A. On June 5, 2013, the Defendant asserted that the Plaintiff committed a tort to insult the Plaintiff by using the expression “sick person” on the Internet.

The Plaintiff heard the Defendant’s desire to “sick,” and experienced bullying in the same way that people lose their knife, and had experienced during one-year period of rascence, and had been friendly to think of suicide.

Therefore, the defendant is obligated to pay the plaintiff 1,500,000 won as consolation money and damages for delay from June 5, 2013, which is the date of tort.

B. The offense of insult as referred to in the relevant legal doctrine is an expression of an abstract judgment or a sacrific sentiment, which does not indicate a fact, and even in a case where a certain article contains especially insulting expressions, if such expressions can be deemed acts that do not violate the social norms in light of the sound social norms of the age, the illegality is exceptionally dismissed in accordance with Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2008Do1433, Jul. 10, 2008). Whether such expressions can be deemed acts that do not violate the social norms should be determined by considering the motive and background leading up to the writing, the relationship with the victim, and the relationship with the victim. In a case where the illegality is removed as above, tort liability under the civil law is also limited.

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