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(영문) 인천지방법원 2018.03.28 2016가단241842

손해배상(기)

Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from January 2, 2016 to March 28, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are as follows: (a) around April 2015, there was a difference between the Plaintiff and the Defendant, who made a dualism for several months.

B. On January 2, 2016, the Defendant, using the key in the Plaintiff’s operationD located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, was stolen with cash KRW 13060,000,000, which was in the Kabter by opening and intrusioning the door of the food store.

C. At around 16:40 on the same day, the defendant found it as the above food store to have known that the plaintiff has reached her husband who was divorced.

The plaintiff refused to communicate with the defendant and requested that he go at the above food store. However, the defendant did not comply with this, and he had the plaintiff and followed the plaintiff in the process. D.

The defendant, at the date, time, and place mentioned in the above paragraph (c), committed an indecent act by force against the plaintiff by entering the above food store knife with the plaintiff's knife with the plaintiff's own knife with his own knife with his own knife with the plaintiff.

E. On August 29, 2016, the Defendant was indicted of night residence intrusion theft, business obstruction, and indecent act by compulsion against the act described in the foregoing B-D, and was sentenced to a suspended sentence of two years and 40 hours’ completion of the sexual assault treatment program on August 29, 2016.

[This Court Decision 2016Da737, 2254 (Merger)] The Defendant appealed against this. On September 8, 2017, the appellate court rendered an order to complete a sexual assault treatment program program program for two years and 40 hours in the period of suspension of execution, with respect to the remaining crimes, while not guilty of the Defendant’s obstruction of business affairs.

(Court 2016No3467). The defendant and the prosecutor appealed, but on December 22, 2017, all appeals were dismissed.

[Reasons for Recognition] Gap evidence Nos. 1, 5-7 (including paper numbers), Eul evidence No. 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The defendant thefts the plaintiff's cash (However, the total amount of theft damage was recovered), and committed an indecent act by compulsion of the plaintiff.