1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a number of persons working under the name of “C”.

나. 원고는 2018. 12. 9. 15:50경 ‘D’라는 제목으로 싱글 앨범을 발표했고, 피고는 음원 인터넷 사이트인 E에 등록된 위 앨범정보 아래 댓글란에 “방구석에서 혼자 망상병걸린놈ㅋㅋ역겨워”라는 댓글(이하 ‘이 사건 댓글’이라 한다)을 게시하였다.

C. The Plaintiff filed a complaint against the Defendant as a crime of insult, and the Defendant was subject to a disposition of suspending indictment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant’s assertion of the Plaintiff’s act of writing the instant comments on the Internet website bulletin that enables a large number of unspecified persons to confirm the contents of the comments constitutes a tort against the Plaintiff. As such, the Defendant is obligated to pay as consolation money for mental suffering suffered by the Plaintiff, as well as damages for delay.

B. The posting of the comments in this case refers to the expression of an abstract judgment or sacrific sentiment that could undermine the people’s social assessment without indicating facts, whether the posting of the comments in this case constitutes a tort that insults the plaintiffs.

Therefore, if any expression is not likely to undermine the social evaluation of the other party’s personal value, such expression was expressed in a somewhat intangible manner.

However, it is difficult to view such fact as an insult.

The following circumstances, namely, it is difficult to deem that the Plaintiff’s external and social reputation was deteriorated in light of the background leading up to posting the comments, or the degree of expression, of the entire evidence duly admitted by comprehensively taking account of the purport of the entire evidence presented as a whole (see, e.g., Supreme Court Decision 2017Do2661, Nov. 29, 2018). The comments on the instant case are written comments.