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. Facts of recognition;

A. On February 1, 2015, the Defendant publicly insulting the Plaintiff from January 31, 2015 to February 5, 2015, by having access to the “C” smartphone app, and then inserting the Plaintiff’s photograph in his/her own screen picture on the D’s bulletin board, and posting under which “a pair of screened goods that may be caused by a stroke and strokeing.”

나. 피고는 2015. 11. 16. 21:49경 같은 게시판에서 원고에 대하여 ‘켁 켁 켁 환장 된장’이라고 게시하고, 2016. 1. 2. 14:29경 ‘여왕은 무신~~쌈박질의 대빵무수리 ㅋㅋㅋ’라고 게시하고, 2016. 4. 26. 01:08경 ‘릴라 지껄이는 소리가 자장가 존경하는 우리님들 고운밤들 되십시오’라고 게시하는 등 별지 기재와 같이 원고를 공연히 모욕하였다.

C. The defendant is the above A.

On June 11, 2015, a summary order of KRW 300,000 was issued by the Seoul Northern District Court for the crime of insult (No. 2015 High Court Decision 6490), and b).

On October 31, 2016, a summary order of KRW 300,000 was issued by the same court for the crime of insult (No. 2016, No. 12649), and each of the above summary orders became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, significant facts in this court, the purport of the whole pleadings

2. Determination

A. We examine the occurrence of liability for damages, and according to the above facts, the defendant posted a letter or photograph that may undermine the plaintiff's social reputation in the bulletin board of a smartphone app with which many and unspecified persons can confirm the contents of writing and the shape of pictures, and thereby committed a tort that insults the plaintiff. Thus, the defendant is obliged to pay the plaintiff mental suffering caused by the above tort to the plaintiff in money.

B. We examine the judgment on the offsetting of negligence, and the Plaintiff’s lawsuit of this case.