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(영문) 서울서부지방법원 2016.10.28 2016나33473
손해배상(기)
Text

1. The part against the plaintiffs, which orders payment under the judgment of the court of first instance, shall be revoked.

Reasons

1. Facts of recognition;

A. On June 6, 2014, the Defendant: (a) provided Plaintiff A (n) (here 13 years of age) with a smartphone-making fishing operation at H located in Songpa-gu Seoul, a nearby his/her residence; (b) provided a lock-down with knowledge that Plaintiff A does not have any well-known place; and (c) provided a lock-out with knowledge that Plaintiff A does not have any well-known place; and (d) provided Plaintiff A with a view to having her care in the mutual incompeting telephones located in H neighboring area; and (c) provided a similar act with Plaintiff A (hereinafter “instant criminal act”).

B. In relation to the instant criminal act, the Defendant was sentenced to a fine of KRW 4 million on May 14, 2015 due to a violation of the Child and Juvenile Protection Act (i.e., purchase of sex) by the Seoul Eastern District Court 2014Kadan3767, May 14, 2015.

The above judgment became final and conclusive on May 22, 2015.

C. Meanwhile, at the time of the instant criminal act, the Plaintiff A committed intellectual disability with approximately 70 intellectual intelligence indices, and among which, the intelligence index was prepared, the intelligence index was 91 and the verbal intelligence index was 54, a significant gap between two intelligences, and the mental function was very unstable.

Plaintiff

B is a person with parental authority (mother) of the Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11 through 14, the purport of the whole pleadings

2. The plaintiff's assertion

A. On June 6, 2014, the Defendant had sexual intercourse with the Plaintiff in the state of mental disorder at the mutual incompetence, and even if not, the Defendant infringed the right to sexual self-determination by inducing the Plaintiff A to the her her her her her her her her her her her her her her her her her her her her her her

B. For this reason, Plaintiff A received mental shock and received treatment from June 27, 2014 to October 28, 2014 from D Hospital, etc. The Defendant is obligated to pay the Plaintiff KRW 10,000 consolation money for mental distress and KRW 2,064,662, and KRW 10,000 for consolation money to Plaintiff A.

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