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(영문) 서울중앙지방법원 2016.08.18 2015나8499

위자료

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion has a duty to pay consolation money because the defendant committed the following illegal acts against the plaintiff.

Some of the 60,000 won of consolation money shall be claimed.

(1) On October 2012, the Defendant: (a) around 1 p.m., on the wall that the Plaintiff had no lottery sales store operated by the Plaintiff at one p.m.; and (b) made indecent act by compulsion on the right hand of the Plaintiff.

B. On October 26, 2012, 2012, the Defendant: (a) at D restaurant, the Plaintiff, along with E and F, called “Iman only once a week”; and (b) the Defendant, by hand, committed indecent acts by force on the left-hand chest of the Plaintiff.

Article 22(1) of the Civil Act provides that “Aggravated indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the Defendant,” and Article 2(1) of the Civil Act provides that “A person who was on the job shall not engage in sexual indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the Defendant,

2. In full view of the following facts: (a) the Plaintiff’s examination results at the trial on the cause of the claim and the witness G of the party concerned; (b) witness E of the first instance trial; and (c) witness E of the first instance trial; and (c) evidence Nos. 11 through 5; and (d) evidence No. 10 to 14, the Defendant is insufficient to acknowledge that the Defendant committed indecent act by force on the part of the Plaintiff, such as Sheshed, and that the Defendant damaged the Plaintiff’s reputation at a false end as stated in the above paragraph 1.

Rather, comprehensively taking account of the respective descriptions of Nos. 1 and 2 and the purport of the entire pleadings, the following facts are recognized.

The plaintiff filed a criminal charge against the above (i.e., the defendant on the charge of indecent act by compulsion, and the defendant strongly denies all the facts of suspicion, and the plaintiff raised a kisk on the date, time, and place under the above (i). The prosecutor of the Seoul Western District Prosecutors' Office.