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(영문) 부산지방법원 2015.10.27 2014가단245663
손해배상(기)
Text

1. On June 11, 2014, the Defendant: (a) against Plaintiff A, KRW 10,000, KRW 2500,000, and each of the above amounts to Plaintiff B and C.

Reasons

1. Basic facts

A. The Defendant is a person working as the deputy head of the Hriart’s personnel team in the South-west Navy G, and the Plaintiff is an employee who entered the said Hriart around June 2014.

Plaintiff

B and C are the parents of Plaintiff A, and Plaintiff D are the children of Plaintiff A, and Plaintiff E is the children of Plaintiff A.

B. On June 11, 2014, the Defendant committed an indecent act by force against the Plaintiff on the following grounds: (a) on the part of the Defendant, the number of new personnel in the original Hiart 206, the Defendant opened a entrance with a temporary access card from the said staff; (b) opened the entrance; and (c) on the part of the said staff, the Plaintiff A, who was divingd with panty sports and panty panty typ in the bed and panty typ in the bed against the two legs of the Plaintiff A, who was locked at the bed and panty typ in the bed against the two legs; and (d) intending to reach the panty.

C. On May 21, 2014, the Defendant was indicted by Busan District Court 2014Kadan7499 on the criminal facts of the said indecent act by compulsion, and was sentenced to six months of imprisonment by the said court.

Accordingly, the Defendant appealed as Busan District Court 2015No1734, but was sentenced to dismissal by the above court on October 16, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. The defendant's above indecent act by compulsion against the plaintiff A, B, and C constitutes a tort infringing on the plaintiff's body or sexual self-determination freedom, and thereby, it is clear in light of the rule of experience that not only the plaintiff A who is the victim but also the plaintiff B, and C, their parents, were suffering from mental suffering. Thus, the defendant is liable to compensate the plaintiff A, B, and C for consolation money for mental suffering suffered by the above plaintiffs.

Furthermore, this case occurred immediately after the entry of the plaintiff A as the plaintiff's company company. In addition, this case was examined about the amount of consolation money that the defendant should compensate for to the above plaintiffs, the content and degree of the defendant's act of indecent act by compulsion, the circumstances leading to indecent act by compulsion, and the defendant's act

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