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(영문) 수원지방법원 2017.03.16 2016가단534800
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from December 22, 2015 to March 16, 2017.

Reasons

1. Facts of recognition;

A. On December 13, 2015, the Plaintiff became aware of the Defendant through “Personal Network Service,” which is a social network service for sharing photographs, and became sexual intercourses between the Defendant and Suwon-si C on December 13, 2015.

B. At around 20:00 on December 13, 2015, the Defendant taken video images of the Plaintiff and the Defendant’s sexual intercourse using the Defendant’s opphone 6 smartphone camera function in the guest room in the upper telephone 20:00.

C. Around 01:00 on December 22, 2015, the Defendant posted the video files of sexual intercourse between the Plaintiff and the Defendant, which were recorded and stored in the Plaintiff’s future, on his personal data account.

On December 22, 2015, the Plaintiff discovered that the video was posted, and demanded the Defendant to immediately delete the above bulletin, and the Defendant deleted it.

E. The Defendant was indicted as a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) by Suwon District Court 2016Kadan1858, and the said court was above B/C on July 28, 2016.

As to the facts constituting the crime stated in the paragraph, the defendant was sentenced to a suspended sentence of 2 years and 40 hours of the sexual assault treatment lecture in 6 months.

On this issue, the defendant filed an appeal with the Suwon District Court 2016No5335 and is still pending in the appellate court.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition as above, the defendant is obliged to take pictures of sexual intercourses which may cause a sense of shame without the plaintiff's consent, display them on the Sone Star Program account to distribute them, and it is obvious in light of the empirical rule that the plaintiff suffered serious mental suffering such as a sense of shame as women. Thus, the defendant is obliged to pay the plaintiff monetary compensation for such mental suffering.

B. The scope of damages shall be the amount of consolation money.

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