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(영문) 서울서부지방법원 2021.02.10 2020가단279947

손해배상(기)

Text

The defendant shall pay 17.2 million won to the plaintiff and 5% per annum from July 23, 2018 to February 10, 2021, and from the next day.

Reasons

1. Facts of recognition;

A. On June 26, 2018, the Defendant entered a hotel while drinking alcohol with the Plaintiff and had a sex relationship.

B. The Defendant, at the Defendant’s office on June 27, 2018, received the Defendant’s report from the Defendant’s male-child offers C, and called “the police officer entered into an unfilled sexual relationship,” and, on July 23, 2018, received the victim’s investigation from the female juvenile of the Seoul National Police Agency and the desired center on July 23, 2018, the Defendant was the police officer, who was under the victim’s investigation, and “I am in the middle of drinking and drinking.”

The plaintiff stated that he/she was raped by the plaintiff while he/she has lost his/her mind of drinking.

(c)

Accordingly, the Plaintiff was investigated as a quasi-rape case against the Defendant. On September 28, 2018, the Plaintiff was subject to a disposition of non-guilty evidence.

(d)

In relation to the above report, the Defendant was charged with a false accusation of the Seoul Western District Court 2019 High Order 1659 High Order, and was sentenced to the community service order for 10 months, 2 years, and 120 hours in the first instance trial, and the Defendant’s appeal was dismissed on September 17, 202 and the sentence became final and conclusive.

[Grounds for recognition] Evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. Even if a civil trial for establishing liability for damages is not bound by the recognition of facts in a criminal trial, the fact that a criminal trial already finalized on the same factual basis was found guilty is valuable evidence, and thus, it is difficult to adopt a judgment of facts in a criminal trial in light of other evidence submitted in the civil trial.

Unless there are special circumstances acknowledged, facts opposed thereto cannot be acknowledged (see Supreme Court Decision 97Da24276 delivered on September 30, 1997). The defendant denies the purport that the defendant did not dismiss the plaintiff. However, as seen earlier, there was a final judgment of conviction as to the fact that the defendant did not dismiss the plaintiff, and the evidence submitted by the defendant alone is a criminal judgment that found the defendant guilty of the crime of false accusation.