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(영문) 창원지방법원 2018.08.29 2017가단119700

손해배상(기)

Text

1. The Defendants jointly share KRW 10,000,000 to Plaintiff C, and KRW 1,000,000 to Plaintiff A and B, respectively, and KRW 500,000 to Plaintiff D.

Reasons

1. Facts of recognition;

A. At the time of the instant case, Plaintiff C was a female high school student at the age of 15, and Plaintiff A and B were the parents of Plaintiff C, and Plaintiff D was the female students of Plaintiff C.

B. At the time of the instant case, Defendant E was a male high school student at the age of 16, and Defendant F and Defendant E were the parents of Defendant E.

다. 피고 E은 2017. 9. 3. 19:30경부터 같은 날 20:00경까지 사이에 창원시 성산구 소재 만화방 내에서 원고 C이 명백히 거부의 의사를 표시하였음에도 위 원고의 가슴을 수회 주무르고 셔츠의 단추를 풀어 혀로 가슴을 핥은 후 바지 위로 엉덩이를 더듬고 음부를 문지르는 등 위 원고를 강제로 추행하였다. 라.

Defendant E was subject to a disposition of suspending indictment on the above facts constituting the crime.

E. Due to the instant case, Plaintiff C complained of heavy mental suffering and received counseling treatment due to shock after the accident.

[Ground for recognition] Defendant E and F: Confession of confession (Article 150(3) of the Civil Procedure Act); Defendant G: The absence of dispute; evidence Nos. 1 through 3-6; evidence Nos. 4-3, 5, and 7; the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the crime of indecent act by compulsion committed by Defendant E constitutes a tort that infringes on Plaintiff C’s sexual self-determination and personality right, and thereby, the crime caused mental suffering not only to the above Plaintiff but also to Plaintiff A, B, and Dong C, whose parents were parents.

Therefore, Defendant E is obliged to compensate for mental damages suffered by the Plaintiffs due to such unlawful acts.

B. Meanwhile, Defendant E, as a minor at the time of the instant case, was able to live together with Defendant F and G, a parent, and dependent solely on parents in economic aspect and was subject to their protection and supervision.

At the time, Defendant E is physically growing, but it is not sufficiently mature to mentally, and thus is likely to be displayed in an erroneous manner.