2018 Ghana 106282 Damage

1. A;

2. B

3. C

As the plaintiff A is a minor, the father of parental authority B and C

Plaintiffs’ regular nature of the Plaintiff’s Attorney Park Jong-dae, a public-service advocate

D

July 19, 2018

August 9, 2018

1. The Defendant shall pay the Plaintiff A 6,00,000 won with 50,000,000 won per annum from December 31, 2016 to August 9, 2018, and 15% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. Of the litigation costs, 30% is borne by the Plaintiffs, and 70% is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff A 30 million won, 5 million won, 5% per annum from December 31, 2016 to the service date of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment.

1. Facts of recognition;

A. The relationship between the parties

(1) As a patient hospitalized in the E Hospital on December 2016, the Plaintiff A (born in June 2006) was damaged by the Defendant’s indecent act by compulsion.

② Plaintiff B and Plaintiff C’s parents

(3) The defendant shall be the father of the patient hospitalized in the same sick room as the person who injured the plaintiff A by compulsion, and the father of the patient hospitalized in the same hospital as the plaintiff A.

B. The defendant's indecent act against the plaintiff A

The defendant committed an indecent act against the plaintiff A, such as the statement of the attached crime (hereinafter referred to as "the harmful act of this case").

C. Criminal trials against the defendant

On December 14, 2017, the Defendant was sentenced to imprisonment with prison labor for two years and six months and three years of suspended execution on the ground of the crime of Special Act on the Punishment, etc. of Sexual Crimes (indecent act by force against minors under thirteen years of age) in the Changwon District Court Decision 2017No141, Dec. 14, 2017. The above judgment became final and conclusive on March 29, 2018.

(In addition to the instant harmful act, the first instance court rendered a verdict of innocence on the charge of indecent act by compulsion on December 14, 2016. The prosecutor appealed on the part of innocence, and the Seoul District Court rendered a judgment dismissing the appeal on March 21, 2018, which became final and conclusive on March 29, 2018.

2. Occurrence of liability for damages;

According to the above facts of recognition, the defendant's act of this case against the plaintiff A constitutes a tort, and the defendant is responsible for compensating the plaintiff A, and the plaintiff B and the plaintiff C, their parents.

3. Scope of damages.

A. The amount of consolation money that the defendant should pay to the plaintiffs shall be determined as follows, comprehensively taking into account the various circumstances shown in the arguments in this case, such as the background, content and frequency of the harmful act in this case, the age of the plaintiff A, family relationship, and the result of the criminal trial.

① Plaintiff A: 6 million won

② Plaintiffs B and C: 500,000 won, respectively.

B. Therefore, as consolation money for tort, the Defendant is liable to pay to the Plaintiff A the amount of KRW 6 million per annum, KRW 500,000,000 for each of the above amounts of money and KRW 500,000 for each of the above amounts of money after the date of the final tort, to the extent that it is deemed reasonable to dispute as to the existence or scope of the Defendant’s obligation to perform, as requested by the Plaintiffs, from August 9, 2018 to the date of the final tort. As such, the Defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following date until the date of the final tort.

4. Conclusion

Therefore, the plaintiffs' claims of this case are justified within the above scope of recognition, and the remaining claims are without merit, and they are dismissed. It is so decided as per Disposition.

Judges Lee Young-young

Criminal facts

1. Crimes on December 13, 2016;

On December 13, 2016, from around 20:00 to 21:00, the Defendant committed an indecent act against the victim by knife a part of the side f, which is close to the victim’s chest, on several occasions due to his fingers, while the Defendant stated that the victim A (the 10-year old-old-age-old-age-age-age-age-age-age-of-age-of-age-of-age-of-age-age-of-age-age-of-age-of-age-age-of-age-age-of-age-of-age-of-age-of-age-of-age-age-of-age-of-age-of-age-age-of-age-of-age-of-age-

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. Crimes, 2016, 12, 15, and

On December 15, 2016, at around 19:00, the Defendant committed an indecent act against the victim on several occasions with a view to committing an indecent act against the victim, who is a minor under the age of 13, in the above G ward, by having the victim A using the same sick room.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

3. Crimes on December 19, 2016;

On December 19, 2016, at around 19:00 on December 19, 2016, the Defendant committed an indecent act against the victim on several occasions, who is a minor under 13 years of age, by committing an indecent act against the victim, with I, who is a child, and I, and I, who is a minor under 13 years of age, in the instant G ward game.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

4. A crime on December 20, 201;

At around 20:00 on December 20, 2016, the Defendant committed an indecent act against the victim at the entrance of the 7th floor toilet of the above E Hospital, with the mind of committing an indecent act against the victim A, who is a minor under the age of 13, at the entrance of the 7th floor of the above E Hospital, and by hand, on the part adjacent to the victim’s chest, the Defendant committed an indecent act against the victim.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

5. A crime on December 21, 201;

On December 21, 2016, at around 20:00, the Defendant committed an indecent act against the victim who is a minor under the age of 13 at the above G ward, by committing an indecent act against the victim in the cresh of having a mobile game, by holding the victim sited in the bend, and by holding the victim multiple times, and by holding the part adjacent to the victim’s chest, the Defendant committed an indecent act against the victim on the part of the victim’s chest.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

6. Crimes committed at thero of a hospital around 2016, 12.

On December 2, 2016, the Defendant committed an indecent act against the victim A, who is a minor under the age of 13, at the 1st floor of the above E Hospital, and committed an indecent act against the victim on the side part near the victim’s chest by the multiple fingers.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.