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(영문) 부산지방법원 2019.06.13 2018가단325765

손해배상(기)

Text

1. As to the Plaintiff A’s KRW 10,00,00, and KRW 2,00,000 to the Plaintiff B, and each of the said money from August 26, 2017 to August 2019.

Reasons

1. Facts of recognition;

A. The Plaintiffs are married, and the Defendant is the Plaintiff’s workplace club fee.

B. At around 12:30 on August 26, 2017, the Defendant: (a) committed an indecent act by force against the Plaintiff, on the grounds that: (b) the Plaintiff, who talks with the Plaintiffs in the “E” located in Busan Northern District; (c) the Plaintiff, who talks with the Plaintiff, talks with the Plaintiff in his/her hands; (d) the Plaintiff, who talks with the Plaintiff in his/her hands, talks with the parts of the arms and the right-hands; and (e) the Defendant, who talks with each other in his/her hands after the Plaintiff’s death.

C. Based on the above criminal facts, the Defendant was sentenced to each order of ten months of imprisonment with prison labor, two years of suspended execution, and 200 hours of community service, and 40 hours of sexual assault therapy due to the above criminal facts, and the Defendant was sentenced to the Busan District Court Decision 2018No519, which was the appellate court, to order employment restriction for three years at child and juvenile-related institutions, and the above appellate court judgment became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged as above, it is clear in light of the empirical rule that the defendant's act of indecent act by compulsion constitutes a tort that infringes on the plaintiff's body or sexual self-determination, and thereby, the plaintiff A and his husband who suffered mental suffering.

Therefore, the defendant is obligated to pay consolation money to the plaintiffs due to the above illegal act.

B. Prior to the scope of liability for damages, the following facts are considered: (a) the amount of consolation money for emotional distress inflicted on the Plaintiff’s emotional distress is KRW 10,000,000; and (b) the amount of consolation money for emotional distress inflicted on the Plaintiff’s emotional distress is determined as KRW 2,00,000,000, in consideration of various circumstances, including the relationship between the Plaintiffs and the Defendant, the developments leading up to the occurrence of the said indecent act by force, the form and degree thereof, the Defendant’s attitude and other circumstances after the tort, and the degree of the Plaintiffs’ emotional distress.