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(영문) 서울중앙지방법원 2021.02.16 2020나28749
손해배상(기)
Text

Of the judgment of the first instance, the part against the plaintiff falling under the following order to pay shall be revoked:

The defendant.

Reasons

1. Basic facts

A. On February 24, 2016, the Defendant: (a) around 21:50 on February 24, 2016, at the main point of “D” located in Gangnam-gu Seoul Metropolitan Government, the Plaintiff, a worker who was at the same place of drinking on the day, her own hand, her in the state of drinking drinking; (b) followed the Plaintiff out of the main place of drinking and led the Plaintiff to the front door of the Gangnam-gu hotel, Seoul.

B. At around 22:10 of the same day, the defendant tried to go the plaintiff to a hotel before the hotel, but he refused by the plaintiff, and put the plaintiff to the bar door in the vicinity of the hotel. The plaintiff was able to get the plaintiff's hand by hand, and the plaintiff was able to get the plaintiff's hand, and the plaintiff was able to get the plaintiff's hand. The plaintiff was able to go back to the road where the plaintiff was pushed the defendant, followed the plaintiff, and tried to get the plaintiff into the wall and bread with the plaintiff's body by going to go to the wind that the plaintiff is faced with, and tried to go to go to go to the wall, and forced the plaintiff to go to go to the bar (the above series of acts as mentioned above are "voluntary indecent act", and the plaintiff was able to go to go to go to the bar at the same time as the above 3rd place for treatment, etc.

(c)

The defendant was investigated upon the plaintiff's complaint and prosecuted as a crime of bodily injury caused by forced indecent conduct, and was sentenced to a fine of seven million won or more as a result of being convicted of a forced indecent conduct on March 10, 2017 from the first instance (Seoul Central District Court 2016 Gohap 995 Gohap) to a judgment ordering the completion of a sexual assault treatment program for 40 hours (Provided, That the defendant was acquitted of the bodily injury caused by forced indecent conduct on the ground that it is not clear between the forced indecent conduct and the bodily injury, but appealed against the judgment dismissing the appeal on June 20, 2017 and the judgment on June 28, 2017.

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