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(영문) 청주지방법원충주지원 2020.03.04 2019가단25113

손해배상(기)

Text

1. The Defendant’s KRW 16 million to the Plaintiff and the Plaintiff’s annual rate of 5% from October 25, 2018 to March 4, 2020, as follows.

Reasons

1. Basic facts

A. On May 3, 2019, the Defendant, by compulsion of the Plaintiff, was prosecuted as the following criminal facts (the Defendant and the victim of this case are the Plaintiff). On May 3, 2019, the Cheongju District Court rendered a judgment of conviction for eight months of imprisonment, 40 hours of order to complete sexual assault treatment programs, and 5 years of employment restriction.

B. On July 24, 2019, the Defendant appealed to the judgment of the first instance court as the Cheongju District Court 2019No726, and the above court accepted part of the Defendant’s appeal on July 24, 2019, and sentenced the Defendant to the same punishment as the judgment of the first instance, which is identical to the judgment, on the ground that “the Defendant committed an indecent act against the victim, such as where the victim’s chests and frys are confined to the victim’s chests after the victim was committed, and the victim was committed by committing an indecent act,” in the crime of the judgment of the first instance.

The defendant appealed to the Supreme Court Decision 2019Do11747, but the Supreme Court rendered a judgment dismissing the appeal on October 17, 2019, which became final and conclusive as it is.

1. On March 2018, the Defendant: (a) visited the victim’s laundry in his/her residence of the Victim A (Inn, 54 years of age) with his/her own laundry on the ground that he/she brought about the victim’s laundry; and (b) committed an indecent act against the victim by taking the victim’s laundry at that place

2. On September 2018, the Defendant committed an indecent act against the victim in the “F” restaurant operated by the victim in the Hahnbuk-gun E, the Defendant stated that the victim “I think of the width,” and that “I think of the width, I would like to see the victim’s hand and sexual intercourse with the Defendant.”

3. On October 25, 2018, around 15:52, the Defendant committed an indecent act against the victim, such as gathering the victim’s chests and frys from the victim’s back to the victim, in a cafeteria of “F” in the Chungcheongbuk-gun E, the Defendant committed an indecent act.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6, 30 through 32, the purport of the whole pleadings

2. Determination as to the cause of action

(a)in a civil trial, a criminal trial;