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1. The Defendants jointly share KRW 3,000,000 to the Plaintiff and Defendant B with respect thereto from March 17, 2017.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1, 2, 3, 4 and 5, and Eul evidence 1 to 4:
From September 12, 2012 to December 23, 2014, the Plaintiff was admitted to the D prison located in C as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.). On December 24, 2014, Defendant B was transferred to Seoul Southern Prison, and Defendant B was a correctional officer who was engaged in managing inmates in D prison from January 2, 2012.
B. Around October 2013, Defendant B, at the employees' office of the two factories in the above D prison, separately laid the Plaintiff confined in the above D prison, and displayed the Plaintiff’s panty panty off and panty panty, under the pretext of conducting the examination of the spanty types.
(hereinafter “instant tort”). C.
On April 14, 2015, Defendant B was indicted of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.) with the purport that Defendant B committed the act of abusing authority and obstructing another’s exercise of rights and obstructing another’s exercise of rights and obstructing another’s exercise of rights and obstructing another’s exercise of rights due to the instant tort and committed an indecent act against the Plaintiff on August 14, 2014. On November 23, 2015, Defendant B was acquitted of the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Occupational Authority, etc.) from the above court, and was sentenced to a fine of KRW 3 million by recognizing
Accordingly, Defendant B and Prosecutor appealed as Suwon District Court No. 2015No7294, but all of the appeals were dismissed on August 18, 2016, and again appealed as the Supreme Court Decision No. 2016Do14171, but the above judgment was finalized on November 9, 201.
2. Judgment on the plaintiff's assertion
A. According to the above facts of recognition, Defendant B is obligated to compensate for the damages caused by the Plaintiff’s mental suffering due to the tort of this case, and Defendant Republic of Korea also.