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(영문) 청주지방법원충주지원 2015.01.14 2014가단5909

손해배상(기)

Text

1. The Defendant: (a) KRW 25,00,000 for the Plaintiff and 5% per annum from November 12, 2013 to January 14, 2015.

Reasons

1. Fact-finding;

A. On November 12, 2013, the Defendant: (a) 18:40 on November 12, 2013, while drinking alcoholic beverages with the Plaintiff, who is a private village, at the liquor house located at the Government-si; and (b) 21:00 on the same day, went out of the Plaintiff, who was unable to sleep his body while drinking and talked with sing.

In the sing room above, the Defendant used that the Plaintiff was unable to resist while drunk, and her her chest and her son were her at the sing room.

B. On November 12, 2013, at around 21:45, the Defendant: (a) laid the Plaintiff on a her tour with the her mother, placed the her tour, placed the Plaintiff on a bed, and her bed, and her chest, her fel, fel, and so on; (b) laid off the Plaintiff’s chest, her fel, and her part of sound, and her clothes.

C. The defendant

A. The crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the act mentioned above is a crime of indecent act by force.

B. The Defendant’s appeal was dismissed and the above judgment became final and conclusive on the ground that the Defendant’s appeal was dismissed for a five-year period of imprisonment for the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape in Relatives).

[Seoul High Court Decision 2014No889, 2014No128 (Joint Judgment)] The fact that there is no dispute, entry of evidence Nos. 1 through 3 and the purport of the whole pleadings

2. Determination

A. According to the facts of the occurrence and scope of liability, the defendant is obligated to pay consolation money on the plaintiff's mental suffering due to quasi-indecent act by compulsion or quasi-rape.

With respect to the amount of consolation money, the Defendant committed an anti-human sex offense against the Plaintiff, who is a private village, while the Plaintiff was aware of the Defendant’s past sex offense history, but believed that he was a deadly close and friendly relationship, and did drinking together with the Defendant. The Defendant committed the instant illegal act by abusing such trust relationship, and the Plaintiff was suffering from extreme mental pain due to the instant case, and there was a great depression and depression without recovering yet.