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(영문) 울산지방법원 2017.05.02 2016가단67099
손해배상(기)
Text

1. The Defendant: (a) from November 24, 2016, with respect to KRW 10 million to Plaintiff A, Plaintiff B, and C, respectively, and each of the said money.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence No. 1 (including the paper numbers), Plaintiff B and C were the parents of Plaintiff A. The Defendant, from around February 2015 to February 18, 2015, instructed the Plaintiff to give extracurricular lessons to the Plaintiff, and committed an indecent act on three occasions as indicated in the separate facts constituting an offense in the crime in the attached Table, and the Ulsan District Court found the Defendant guilty of all the above facts constituting an offense on February 5, 2016, sentenced the Defendant to a suspended sentence of three years and six months and a suspended sentence of 80 hours in the sexual assault treatment program on June 14, 2016, but the Defendant appealed and appealed again, but the judgment became final and conclusive on October 14, 2016.

2. Determination

A. According to the above facts of recognition, the defendant is obligated to compensate the plaintiff for the mental suffering because the defendant is deemed to have caused mental suffering to the plaintiff by indecent act by compulsion against the plaintiff A as above.

B. Furthermore, with respect to the amount of consolation money, KRW 10 million for Plaintiff A, and KRW 3 million for Plaintiff B and C, taking into account the degree, frequency, and period of the Defendant’s indecent act, the Defendant’s age and relationship with the Plaintiffs, and other circumstances in the argument of this case.

C. Therefore, the Defendant is obligated to pay the Plaintiff A the amount of KRW 10 million each to the Plaintiff, KRW 3 million each, and the amount calculated by each of 5% per annum as prescribed by the Civil Act from November 24, 2016 to May 2, 2017, the sentencing date of the instant complaint, which is the date following the delivery of a copy of the instant complaint, as the Plaintiffs sought, to the Plaintiff.

3. In conclusion, the plaintiffs' claims of this case are justified within the scope of the above recognition.

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