손해배상(기)
1. The Defendant’s KRW 20,000,000 as well as 5% per annum from April 26, 2019 to June 16, 2020 to the Plaintiff.
1. Facts of recognition;
A. The plaintiff is a female living in 1978, and the defendant is a male living in 1981, who is attending the same workplace.
On April 25, 2019, at around 19:00, the Defendant committed an indecent act by taking advantage of the condition of the Plaintiff’s mental disorder or of the refusal to resist, with the following reasons: (a) on April 26, 2019: (b) around 00:22, the Plaintiff, a superior, who started in the place of the company around the company, returned home to the Plaintiff, and was taken in the vicinity of the Plaintiff’s house; and (c) on April 26, 2019: (a) on the part of the Plaintiff, the Plaintiff was able to take advantage of the Plaintiff’s condition of mental disorder or of the refusal to resist while putting the Plaintiff’
B. On May 6, 2020, the Defendant was indicted on the charge of committing the above crime, and was sentenced to a judgment of conviction (Seoul Central District Court 2019Kadan6773) ordering suspension of the execution of imprisonment, etc. (two months of imprisonment, two years of suspended execution, and forty hours of sexual assault treatment). The Defendant acknowledged the facts charged in the course of the trial of the case.
C. The Plaintiff complained of considerable mental suffering due to not attending a normal workplace after having undergone the above sexual assault case and receiving mental treatment.
[Ground of recognition] Facts without dispute, Gap 1-7 evidence, Eul 1-3 evidence (including above numbers), and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay consolation money for mental suffering to the plaintiff due to tort compensation.
Furthermore, considering the following circumstances: (a) the relationship between the Plaintiff and the Defendant; (b) the Plaintiff’s career and status in the workplace; (c) family relationship; (d) the background and method of the Defendant’s crime; (e) the Plaintiff’s spirit and treatment details; and (e) the degree of efforts made by the Defendant to recover damage, etc., the adequate amount of damages for the emotional distress of the Plaintiff can be assessed to the extent of KRW 20,00,000,
Therefore, the defendant shall pay consolation money to the plaintiff.