1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 7,00.

1. Basic facts

A. On November 29, 2013, the Plaintiff undergone an operation to male the eye and nose part in “C sexual surgery” operated by the Defendant, and taken photographs of the faces before and after the operation to verify the result of the operation according to the operation plan at the time.

B. Meanwhile, at that time, the Defendant posted a photograph by comparing the face before and after the Plaintiff’s sexual surgery without the Plaintiff’s consent.

C. Around March 2015, the Plaintiff demanded the Defendant to delete his/her photograph while protesting against the posting of his/her photograph. Around that time, the Defendant deleted the Plaintiff’s photograph on his/her sexual appearance and website.

However, from May 2016 to May 2016, when searching the above sexual affairs at the Internet portal site, the Plaintiff’s pictures were searched through the Internet blog, etc.

[Ground of recognition] The descriptions or images of evidence Nos. 1, 2, 3, 5, 6, and 7, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, without the Plaintiff’s consent, posted a notice on the Internet homepage where many persons who received pictures of the face before and after the Defendant’s sexual surgery, can have access to the Plaintiff’s act constitutes a tort infringing the Plaintiff’s portrait right, privacy, freedom and honor, and it is obvious in light of the empirical rule that the Plaintiff suffered considerable mental suffering. Therefore, the Defendant is liable to compensate for mental damage suffered by the Plaintiff.

B. As to the scope of the Defendant’s liability for damages, the following circumstances acknowledged by the health team and the evidence cited earlier, namely, ① the Plaintiff appears to have suffered serious psychological impulses by posting his pictures before and after the surgery on the Internet, as students at the time of the surgery, and the Plaintiff appears to not easily deviate from the shock, and ② the Defendant on its website for the purpose of publicity with sex surgery operated by himself.