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(영문) 부산지방법원동부지원 2020.11.25 2020가단207682

손해배상(기)

Text

1. The defendant's KRW 10,000,000 for the plaintiff and 5% per annum from May 7, 2020 to November 25, 2020 for the plaintiff.

Reasons

Facts of recognition

A. The defendant is the defendant's workplace rent, and the defendant's entrance card was recently registered in the plaintiff's house entrance door with the intent to intrude the plaintiff's residence.

On October 1, 2018, the Defendant, at the Plaintiff’s residence, opened a entrance door using the Defendant’s access card and entered the Plaintiff’s house, and attempted to intrude or intrude the Plaintiff’s residence 37 times in total, such as the list of crimes in the attached Table.

(2) In addition to the crime of this case, the Plaintiff asserted to the effect that the Defendant committed an unlawful act of reproducing the card, but there is no evidence to acknowledge this, and thus, the Plaintiff’s assertion on this part is not acceptable.

B. The Defendant was indicted for committing the instant crime and was sentenced to a conviction of 8 months of imprisonment and 2 years of suspended execution in the first instance court (Seoul District Court Decision 2019No620, Jun. 27, 2019). The prosecutor appealed against the said judgment on the ground of unfair sentencing, but the appellate court (Seoul District Court Decision 2019No2155, Apr. 3, 2020) sentenced the dismissal of the appeal and the said judgment became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, since it is clear in light of the empirical rule that the plaintiff suffered mental suffering due to the defendant's crime of this case, the defendant is liable to compensate the plaintiff for the damage.

With respect to the amount of consolation money, comprehensively considering the circumstances revealed in the arguments, such as health team, the content and degree of the instant crime, the relationship between the Plaintiff and the Defendant, the background and method of the Defendant’s tort, the degree of damage to the Plaintiff, and the result of the criminal trial, it is reasonable to determine the amount of consolation money that the Defendant is to compensate the Plaintiff as KRW 10,00

Ultimately, the defendant shall pay consolation money of KRW 10,000,000 to the plaintiff and this.