1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff sought reimbursement of KRW 369,22, medical expenses of KRW 133,820, consolation money of KRW 1,000, as damages for tort against the Defendant. The first instance court accepted the claim of medical expenses among them, partly accepted the claim of consolation money, and dismissed the claim of lost income.

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the above-mentioned medical expenses and the claim for consolation money.

2. In light of the respective descriptions in the evidence Nos. 1, 2, 4, and 2 as well as the overall purport of the pleadings, the Defendant is recognized as having, around May 16, 2017, the Defendant pushed the Plaintiff’s chest against the wall by pushing the Plaintiff’s chest on the right side, and caused the Plaintiff to go beyond the limit of about 14 days for medical treatment.

According to the above facts, the defendant is responsible for compensating the plaintiff for damages because he intentionally inflicted an injury on the plaintiff as a tort.

3. Scope of damages.

A. According to the evidence evidence No. 3, active damages (treatment costs) is acknowledged that the Plaintiff received medical treatment from a medical clinic outside the prison on May 17, 2017 and spent KRW 133,820 as medical expenses (the cost of issuing a medical certificate and a medical treatment confirmation is reasonable as compensation).

The plaintiff asserts the amount of consolation money as KRW 1,00,000. The plaintiff shall determine the amount of consolation money as KRW 300,000 in consideration of all the circumstances shown in the arguments of this case, such as the relationship between the plaintiff and the defendant, the part and degree of the injury suffered by the plaintiff, and the circumstance and degree of the defendant's tort.

4. According to the conclusion, the Defendant is liable to compensate the Plaintiff for damages arising from the tort (i.e., medical expenses of KRW 133,820,000 for consolation money of KRW 133,820 for medical expenses) and its performance as sought by the Plaintiff from May 17, 2017 after the date of the tort.