(영문) 춘천지방법원 2018.04.17 2017가단54018

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(영문) 춘천지방법원 2018.04.17 2017가단54018

위자료

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1. The Defendant’s KRW 50 million and the following day from June 1, 2015 to August 30, 2017 to the Plaintiff.

Reasons

1. The defendant asserts that the lawsuit of this case should be dismissed on the ground that the plaintiff's father and wife do not know of the plaintiff's right to defense of this case.

Since the Plaintiff appeared on March 20, 2018 at the third date for pleading and stated to the effect that “to delegate the instant lawsuit to the Plaintiff’s attorney,” the Defendant’s assertion is rejected.

2. Judgment on the merits

A. On March 7, 2018, the Defendant was convicted of having committed a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compact, etc. against Persons with Disabilities) (compact, etc.) by having sexual intercourse with, or committed an indecent act against, the Plaintiff with mental disability by force as follows.

[Seoul High Court (Chuncheon) 2017No98] The defendant (the defendant in this case refers to the defendant in this case) had been aware of the victim A (the plaintiff in this case) in the back of the residence of the victim A (the plaintiff in this case) who was the intellectually disabled (Intelligent Index 43) since about 16 years ago, and had been aware of the fact that the victim was a disabled person with the intellectual ability and language ability significantly lower than that of the general public.

1. Violation of the Act on the Punishment, etc. of Sexual Crimes;

A. On March 21, 2013, at around 21:00, the Defendant: (a) directed the victim to have sexual intercourse with the victim’s house in the Defendant’s residence located in Hongcheon-gun, Hongcheon-gun; (b) led the victim’s arms and part of the victim’s chests; (c) led the victim’s arms and part of the victim’s chests; and (d) placed the victim on the bed, pushed the victim into the bed, pushed the victim’s arms and part of the victim’s arms; and (d) placed the victim’s body, she exceeded the victim’s load and part of the clothes, and sexual intercourse once by inserting the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

B. On September 2014, the Defendant is a vinyl house located behind the Defendant’s residence.

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