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(영문) 서울동부지방법원 2019.05.21 2018가단8577
손해배상(기)
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from June 26, 2017 to May 21, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Defendant served as Belgium C’s employee at the Songpa-gu Seoul Metropolitan City hotel, and the Plaintiff was a person who was the same workplace as the Defendant.

(2) 피고는 2017. 6. 26. 05:00경 서울 송파구 D, E호에 있는 피고의 주거지에서 원고와 함께 술을 마시던 중 원고가 화장실을 간 사이 보관 중이던 향정신성의약품인 졸피뎀(Zolpidem) 성분이 함유된 스틸녹스정 5mg 1정을 숟가락으로 빻아 가루로 만든 후 물에 타 원고를 기다리다 원고에게 위 물을 건네주어 마시게 하고, 이후 위 약물에 취해 잠이 든 원고를 1회 간음하였다.

After that, the defendant took photographs of the plaintiff's body body and the body body locked by using the camera function located in his mobile phone.

(3) The Defendant was indicted of violating the Act on Special Cases Concerning Rape, etc. of Sexual Crimes (Kamerla, etc.) with Seoul Eastern District Court 2017 High Court 256 and ordered to complete a sexual assault treatment program for 3 years and 6 months and 40 hours, as the charge was found guilty.

Although both appeals were filed against the above judgment, the appellate court (Seoul High Court 2017No3288) dismissed all appeals, and the above judgment became final and conclusive as it is.

[Grounds for recognition] The entry of Gap evidence Nos. 1 to 28, and the purport of the whole pleadings

B. According to the above facts, it is recognized that the defendant committed a tort by rapeing and photographing the plaintiff in future, and since it is obvious in light of the empirical rule that the plaintiff suffered mental and physical damage, the defendant is obliged to compensate the plaintiff for such damage in cash.

In this regard, the defendant has different arguments concerning the circumstances leading up to the crime against the plaintiff during the pleadings of this case, but it is insufficient to reverse the fact-finding of the final and conclusive criminal judgment only with the entries and images of the evidence Nos. 1 through 3 submitted by the defendant.

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