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(영문) 서울중앙지방법원 2017.04.17 2015가단5178590
손해배상(기)
Text

1. The Defendants jointly share KRW 11,297,781 with respect to the Plaintiff and the period from October 26, 2014 to April 17, 2017.

Reasons

1. Basic facts

A. On July 1, 2014, the Plaintiff entered the Chuncheon 102 Supplementary 102, and received the basic military training for 5 weeks from the New Military Education Team for the 22th Sick Team and the K3 main special skills training for 1 week, and then received the same year.

8. 8. The 22th Assistant Soldiers' Group 56. 2nd Assistant Soldiers' Group 56. K3 associates' work, and the Defendant B was a senior soldier.

B. Defendant B committed an indecent act against the Plaintiff from August 27, 2014 to October 26, 2014, by using her sentator, etc., by using her sentator, which is a dangerous object, and by doing so, by committing so-called her hedging, such as assault, verbal abuse, insult, etc.

(hereinafter “Indecent Acts, etc. of this case..” The Plaintiff shows symptoms of “Ex Post Facto stress symptoms” due to Defendant B’s indecent acts, etc. in this case.

C. Defendant B was sentenced to a suspended sentence of five years on December 17, 2014, on violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc., indecent act by force, such as soldiers, etc., and a harsh exercise of force, and a judgment became final and conclusive around that time.

(No. 22 Military Court No. 2014No. 20) d.

The Plaintiff was certified as a public official on the ground of a sudden marc adaptation disorder caused by the instant indecent act, an influoral symptoms, etc., and received a mental treatment from the strong Military Hospital, and was judged inappropriate for active duty service, and served as a social work personnel member on active duty and thereafter

On June 16, 2016, the revocation of the call was made.

[인정 근거] 다툼 없는 사실, 갑 1∽6호증, 을가 1, 2호증의 각 기재, 고려대학교 안암병원장에 대한 신체감정촉탁결과, 변론 전체의 취지

2. Determination as to Defendant B’s main defense

A. The Plaintiff’s father of Defendant B prepared a written agreement stating that he shall pay the Plaintiff or agreed money, and that he shall not raise a civil or criminal objection after the Plaintiff’s vehicle. This constitutes a non-prosecution agreement, and thus, the instant lawsuit filed contrary thereto is unlawful.

B. The tortfeasor and the victim regarding the tort compensation.

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