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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The Defendant, as the branch head of the Seocheon-gun Branch of C Organizations, has engaged in activities of posting various articles on the official and regional maintenance, etc. on the bulletin board of the homepage of the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun.
B. Around May 2016, the Defendant listened to D’s speech that “the Plaintiff was forced to commit indecent acts by force against the Plaintiff,” and posted a letter that slanders the Plaintiff on the given website’s free bulletin board, and posted a letter that slanders the Plaintiff six times from June 2016 to December 2016, as indicated in the attached list.
(hereinafter “instant posting act”). C.
The defendant issued a summary order to the effect that "the plaintiff was insulting by the posting of this case" and applied for formal trial, but was convicted of a fine of KRW 500,000 on October 12, 2017 (No. 2017 Gocheon District Court 246), and the above judgment became final and conclusive as it is.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings
2. Determination
A. According to the facts as seen earlier, the Defendant is found to have slandered or insulting the Plaintiff in bad faith in a state where many unspecified persons can see the comments posted through the instant posting act, and it is obvious in light of the empirical rule that the Plaintiff suffered mental pain. Therefore, the Defendant is liable to compensate for mental damage suffered by the Plaintiff due to tort.
B. Furthermore, the consolation money shall be determined as KRW 2 million in consideration of the various circumstances revealed in the arguments, such as the content and frequency of the comments posted by the Defendant, the degree of defamation and insult, the motive of the posting act in this case, the relationship between the Plaintiff and the Defendant, and the result of related criminal cases.
C. Therefore, as to the Plaintiff’s KRW 2 million and KRW 500,000 among them, the Defendant ordered payment from June 5, 2016 to the Plaintiff in the first instance judgment that only the Plaintiff appealed.