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(영문) 서울북부지방법원 2017.10.26 2017가단110165

손해배상(기)

Text

1. The Defendant’s KRW 8,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 15, 2015 to October 26, 2017.

Reasons

1. Facts of recognition;

A. On February 24, 2015, the Plaintiff joined the C Mountain Association, the president of which is the Defendant (hereinafter “instant Mountain Association”).

B. At around 13:00 on March 15, 2015, the Defendant: (a) while drinking alcohol with the members of the mountain conference of this case, including the Plaintiff, among E company E companies located in Gangnam-gu Seoul Metropolitan Government, while drinking alcohol, the Defendant: (b) took the Plaintiff’s hand; (c) took the Plaintiff’s hand; (d) took the Plaintiff’s hand; and (e) took the Plaintiff’s influence on the Plaintiff’s hand, she sleeped the Plaintiff’s hym and forced the Plaintiff to commit an indecent act (hereinafter “instant indecent act”).

C. After the plaintiff filed a complaint against the defendant, the defendant B.

Based on the facts stated in the above crime, the Seoul Northern District Court was indicted as Seoul Northern District Court 2015Kadan3761. On December 22, 2016, the above court acknowledged the above crime as an indecent act by force, and sentenced the Defendant to a suspended sentence of eight months in prison for the period of eight months, and ordered the Defendant to provide community service for 120 hours and attend sexual assault therapy for 40 hours.

In response to the above judgment, the Defendant appealed to the Seoul Northern District Court 2017No94 on January 12, 2017. However, on August 24, 2017, the Defendant was sentenced to the dismissal of the appeal from the above court. On August 25, 2017, the Defendant appealed to the Supreme Court 2017Do14218 on August 25, 2017, and the judgment of the court of final appeal is still pending.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7, 8, Eul evidence 1-1, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition, the defendant is deemed to have committed an indecent act by force against the plaintiff, and since it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering, the defendant is obliged to do so in money.

B. The Plaintiff, after having the Plaintiff go to the Defendant, committed an indecent act by force by failing to impose a tax imposed on the Defendant by failing to impose a fine for negligence on the part of the Plaintiff, starting with the Plaintiff’s hand, and continuing to hold the Defendant’s hand until the Defendant’s talks are completed. It is not a general liquor.