beta
(영문) 서울남부지방법원 2017.08.17 2017나51196

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On December 30, 2014, at least 01:30 on December 30, 2014, the Defendant murdered the Deceased by causing a knife knife of the victim B (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

B. On March 27, 2015, the Defendant was sentenced to 20 years of imprisonment at the Busan District Court (2015Gohap35), the Defendant’s appeal by the Busan High Court was dismissed on July 9, 2015 (2015No206), and the Defendant’s appeal was dismissed on September 10, 2015 (2015Do1244).

C. C and D, a parent of the deceased, filed an application for a crime victim relief fund with the Plaintiff as a bereaved family member who falls under Article 18(1)3 of the Crime Victim Protection Act, and the Plaintiff paid KRW 17,163,820 to D on March 20, 2015.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, and 3 (including virtual number)

2. Determination

A. According to the above facts of determination as to the cause of action, in light of the deceased’s age, gender, method of murder, circumstances after the crime, etc., the Defendant is obligated to compensate the deceased for the damage caused by murder. In light of other circumstances such as the deceased’s age, gender, method of murder, etc., it is sufficiently confirmed that the amount of damage to be compensated by the deceased exceeds 17,163,820 won of the above bereaved family relief fund. The Plaintiff is subrogated to the claim for damages against the Defendant of the deceased who inherited D within the scope of the bereaved family relief fund paid as above pursuant to Article 21(2)

As such, the defendant is liable to compensate the plaintiff for 17,163,820 won as the amount of compensation and the amount from March 20, 2015 to November 6, 2015, the delivery date of a copy of the complaint of this case, which is 17,163,820 won as the date of the bereaved family relief fund.