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(영문) 서울서부지방법원 2016.04.06 2016가단202001

손해배상(기)

Text

1. The Defendant: (a) KRW 4,000,000 to Plaintiff A; (b) KRW 1,000,000 to Plaintiff B; and (c) from June 9, 2014 to April 2016 to each of the above amounts.

Reasons

1. Facts of recognition;

A. On June 9, 2014, the Defendant proposed that the Plaintiff A (n, 13 years of age) came to know of the fact that the Plaintiff (n, 13 years of age) was released from the E Station located in Asan City D, and that the Plaintiff did not have any well-drawing, and that the Plaintiff did not have any well-drawing, thereby moving the Plaintiff to a Jeonju by using the Plaintiff’s car together with the Plaintiff.

Then, the defendant paid 35,00 won for telecom, entered with the plaintiff A, made the plaintiff be well informed of the plaintiff A, and provided the plaintiff with the first sexual intercourse with the plaintiff A to purchase the sex of the juvenile.

(hereinafter “instant criminal act”). (b)

In relation to the instant criminal act, the Defendant was sentenced by the Jeonju District Court on February 12, 2015 to a suspended sentence of two years, 40 hours, and 5 hours, and the said judgment became final and conclusive around that time.

C. On the other hand, at the time of the instant criminal act, the Plaintiff’s total intelligence index (I Q) is 67-70 level of mental retardation.

Plaintiff

B is the guardian (mother) of the Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10 evidence, Eul evidence 1 and 6 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant's act of this case against the plaintiff A constitutes a tort against the plaintiff, and it is acknowledged in light of the empirical rule that the defendant's above tort caused the plaintiffs' mental suffering and impulse. The defendant is liable to compensate the plaintiffs for mental damage caused by the above tort as an actor of the above tort. 2) As to this, the defendant committed the crime of this case against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.