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(영문) 광주지방법원 2016.05.31 2015가단526177
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as its annual 5% from October 23, 2015 to May 31, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On September 14, 2014, at around 07:30, the Defendant: (a) committed sexual intercourse with the Plaintiff one time by putting the Plaintiff’s sexual organ into the Plaintiff’s negative organ, by putting the Plaintiff on a forced room and undermining the Plaintiff’s body, by putting the Plaintiff into a strong force; and (b) putting the Plaintiff’s body door on the part of the Plaintiff who forced him to leave the room and resisted the Plaintiff’s resistance; and (c) putting the Plaintiff’s sexual organ into the Plaintiff’s negative organ after forcing the Plaintiff’s resistance; and (d) putting the Plaintiff’s bodily organ into the Plaintiff’s negative organ.

(hereinafter “instant tort”). (b)

On April 15, 2015, the Defendant was sentenced to a stay of four years and an order to attend a sexual assault therapy for 80 hours in imprisonment with labor for two years and six months by the Gwangju District Court Decision 2015Da250 on April 15, 2015, and the Defendant and the Prosecutor appealed with the Gwangju High Court Decision 2015No250 on September 10, 2015, but the Gwangju High Court declared that all appeals by the Defendant and the Prosecutor were dismissed on September 10, 2015, and the Defendant appealed with the Supreme Court Decision 2015Do14628 on December 10, 2015, but the Supreme Court sentenced the Defendant to the dismissal of the Defendant’s final appeal on December 10, 2015, and the judgment of the first instance

C. On the other hand, the plaintiff suffers from Rag-do's disease due to the defendant's illegal act in this case, and in the future, psychological stability is required.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. The plaintiff asserts that the defendant committed a tort that rapes the plaintiff, and that the plaintiff suffered mental pain, so the defendant, who is a tort, is obliged to pay consolation money of KRW 30 million and delay damages to the plaintiff.

In this regard, the defendant asserts that only sexual intercourses under the agreement with the plaintiff and that there was no rape of the plaintiff.

3. Determination

A. According to the facts of the first instance recognition of liability for damages, the Plaintiff’s tort of this case committed by the Defendant.

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