1. Of the judgment of the first instance court, the part pertaining to Plaintiff A shall be amended as follows:

The defendant shall have against the plaintiff A 15,000.

1. Basic facts

A. On November 15, 2011, the Defendant raped Plaintiff B, who was under the age of nine as of November 15, 201, and was raped four times until around January 201, 201.

B. On May 16, 2014, the Defendant was indicted of a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (a minor rape, etc. under thirteen years of age) by resident support at the Daegu District Court on May 16, 2014, and was sentenced to imprisonment with prison labor for ten years on September 4, 2014.

After that, the Defendant appealed and appealed by the Daegu High Court No. 2014No523 and Supreme Court No. 2015Do4370, but the above judgment became final and conclusive on May 28, 2015.

C. The plaintiff A is the plaintiff Eul's reference.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7, and 8, the purport of the whole pleadings

2. Assertion and determination

A. 1) The Defendant, who is merely nine years of age, has raped Plaintiff B five times, as seen earlier, and it is clear in light of the empirical rule that not only Plaintiff B who is a party but also Plaintiff A, his father, suffered severe mental distress. Therefore, barring any special circumstance, the Defendant is obligated to compensate the Plaintiffs for consolation money for mental distress suffered by the Plaintiffs. 2) The Defendant asserts to the effect that there was no rape of Plaintiff B.

However, even if the civil trial is not bound by the finding of facts in the criminal trial, the fact that the criminal trial already finalized on the same factual basis is material evidence, and thus, it cannot be acknowledged that there is no special circumstance where it is difficult to adopt the judgment of facts in the criminal trial in light of other evidence submitted in the civil trial.

(See Supreme Court Decision 97Da24276 delivered on September 30, 1997, etc.). In this case, the Defendant’s crime against Plaintiff B as seen in the above basic facts.