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(영문) 수원지방법원성남지원 2016.04.29 2015가단34382

손해배상(기)

Text

1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from July 11, 2013 to December 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. At around 22:00 on July 10, 2013, the Defendant: (a) had the drinking place with the Plaintiff, etc. at the Sungnam-si Dhop House located in Sungnam-si; (b) had the Plaintiff, etc. on July 11, 2013; (c) had the Plaintiff, who was under the influence of alcohol around 01:30 on July 11, 2013; (d) had the Plaintiff, who was unable to properly hold the Plaintiff’s body, “F” in the Ma-gu, Sungnam-si; and (e) had sexual intercourse with the Plaintiff once.

(hereinafter “instant criminal facts”). B.

The Defendant was indicted as a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.) on the grounds of the instant criminal facts by Sungwon District Court Branch 2013Gohap317, but the said court acquitted the Defendant on August 14, 2014.

Accordingly, the prosecutor appealed against the defendant on August 11, 2015, and the above court was transferred to the High Court for Armed Forces in the appellate trial, and sentenced the defendant to three-year imprisonment (2014No302 of the High Court for Armed Forces). The defendant appealed, but the Supreme Court dismissed the defendant's appeal on October 29, 2015.

(Supreme Court Decision 2015Do13422). [Grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. According to the above facts of recognition, since it is apparent in light of the empirical rule that the plaintiff suffered a large amount of physical or mental pain due to the above tort committed by the defendant, the defendant is liable for compensating the plaintiff for mental damage caused by the above tort.

In light of various circumstances revealed in the argument of this case, including the fact that the plaintiff was only a juvenile aged 17 and 6 months at the time of the above tort, and that the plaintiff suffered serious mental impulses, it is reasonable to determine the amount of consolation money that the defendant is liable to compensate for to the plaintiff as KRW 30 million.

Therefore, the Defendant’s lawsuit promotion, etc. regarding KRW 30 million and the Plaintiff from July 11, 2013, the date of tort, to December 16, 2015, the delivery date of a copy of the complaint of this case, is 5% per annum under the Civil Act, and the following day to the date of full payment.