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(영문) 서울남부지방법원 2017.05.11 2016나62694

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Defendant becomes aware of the fact that he had been engaged in a work as a broker for female helpers in an entertainment drinking house (in such case, 23 years old, hereinafter “the deceased”).

(2) On December 30, 2014, in the process of demanding the return of an entertainment drinking house designated by the Defendant, on the ground that the Deceased was fluorily and was influored due to the deceased’s failure to perform his/her work for three days, the Defendant was aware of the deceased’s failure to perform a dispute with the deceased on December 30, 2014, and was on the deceased’s own mind that he/she would disregard himself/herself when he/she refused to do so. On his/her driver’s seat, the Defendant was dismissed from the Busan High Court’s judgment on March 27, 2015 (the first instance court’s dismissal of the deceased’s appeal on May 25, 2015). The Defendant was affirmed from the Busan High Court’s judgment on May 20, 2015 (the first instance court’s dismissal of the deceased’s right side side by knife knife, which was hidden at its own driver’s seat.

3) C and D, a parent of the Deceased, filed an application for the crime victim relief fund with the Plaintiff as a bereaved family member falling under Article 18(1)3 of the Crime Victim Protection Act. On June 26, 2015, the Plaintiff paid KRW 5,721,280 to D on June 26, 2015. [Grounds for recognition] Facts that there is no dispute, A’s evidence Nos. 1 through 3 (each entry, including a serial number, and the purport of the whole

B. According to the above facts of recognition, the defendant is liable to compensate the deceased for the damage caused by murder committed by the deceased. In light of other circumstances such as the age, gender, method of murder, and circumstances after the crime, etc. of the deceased, the amount of the damage the defendant would compensate for to the deceased exceeds KRW 5,721,280 of the above bereaved family relief fund.