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(영문) 인천지방법원 2018.08.22 2018가단218815
구상금
Text

1. The Defendant’s KRW 78,818,080 as well as the annual rate from March 8, 2016 to April 19, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 21, 2015, at around 19:15, the Defendant killed the victim by causing the death of the victim with a kitchen knife on the table of the above office, with a kitchen knife, which is on the table of the above office, on the ground that the victim B (the age of 56) was able to take his/her own desire and had his/her own desire at a substitute driving office operated by the Defendant located in Yeonsu-gu Incheon Metropolitan City.

B. On May 26, 2016, the Defendant was sentenced to 15 years of imprisonment by the Incheon District Court (2015Gohap759), and the Defendant’s appeal was all dismissed in the appellate court and the final appeal court, and the said judgment became final and conclusive.

C. C, a spouse of the deceased B, filed an application for a crime victim relief fund in the capacity of the bereaved family to receive the bereaved family relief fund under Article 18(1)1 of the Crime Victim Protection Act.

On February 16, 2016, the Plaintiff decided to pay 78,818,080 won of the bereaved family relief fund (the calculation formula and related statutes are the same as the attached Form) to the applicant through a deliberation by the Deliberation Committee on Criminal Damage Relief (hereinafter referred to as the “Deliberation Committee”), and accordingly, paid the above money to C on March 7, 2016.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1 and 2-2, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of action, the defendant is obligated to compensate the deceased for the damage caused by the deceased's murder, and in light of the deceased's age, method of murder and circumstances after the crime, etc., it is sufficiently confirmed that the amount of the damage to be compensated by the defendant exceeds KRW 78,818,080 of the above bereaved family relief fund. The plaintiff is subrogated to the defendant of the succeeded deceased within the scope of the bereaved family relief fund paid by C pursuant to Article 21(2) of the Crime Victim Protection Act.

Therefore, the defendant shall pay the plaintiff the amount of 78,818,080 won and the date of payment of the bereaved family relief fund.

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