2015 Ghana 7182 damages

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Attorney Kim Sung-sung, Counsel for the plaintiff-appellant

Park 00

September 8, 2015

October 13, 2015

1. The defendant shall pay to the plaintiff 20 million won with 5% interest per annum from May 28, 2015 to October 13, 2015, and 20% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 60 million won with 20% interest per annum from the day following the day of service of a copy of the complaint of this case to the day of complete payment.

1. Facts of recognition;

A. The Defendant is a person who works as a representative of the ○○ apartment occupant in the city where the disabled and the citizens permanently leased and reside. The Defendant committed several rapes or indecent acts by force on July 2012, 2012, the first patrol officer, the first patrol officer on May 2013, and the first patrol officer on June 2013, the Plaintiff (the age of 29 years at that time) with a mental disorder equivalent to Grade III of the intellectual disability as follows.

On July 13, 2012, around 13:00, the Plaintiff, “○○○○○○○○○○”, “A”, “I choose to have the Plaintiff repaid 2 million won in a lump sum and to have the Plaintiff paid her full payment.” The Plaintiff, “I can only have the Plaintiff’s clothes,” and “I would like to have the Plaintiff,” and “I would like to have sexual intercourse two times by force, with the Plaintiff’s clothes forced to have the Plaintiff’s her clothes, and led the Plaintiff to his her her her her ties, and had sexual intercourse once.”

On May 22, 2013, around 22:00, the Plaintiff, who resisted that he would not intrude the Plaintiff’s inner room at the Plaintiff’s place of residence, caused only the Plaintiff, and by force, the Plaintiff’s chest and the fluent part of the Plaintiff’s chest and the fluent part of the Plaintiff’s chest and the fluent part of the Plaintiff’s chest,

On June 21, 2013, around 21:00, the Plaintiff’s head office at the Plaintiff’s place of residence, and the Plaintiff, who was reported out of windows, called “one-time person” and refused to do so, Dara, by force, only the Plaintiff’s chest and the sound with the Plaintiff’s chest by force, and knife the Plaintiff’s hand, thereby committing indecent act on the part of the Plaintiff.

B. The Defendant was sentenced to imprisonment for 18 years, 10 years, 10 years, 10 years, 160 hours, 160 hours, and 160 hours, to complete a sexual assault treatment program, in the case of Gwangju High Court ( Jeju) No. 201499, which committed sexual assault offenses against four intellectually disabled persons including the above criminal facts against the Plaintiff. The above judgment became final and conclusive.

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

2. Determination

(a) Occurrence of liability for damages;

According to the above facts, it is clear in light of the empirical rule that the plaintiff suffered from extreme mental suffering due to the defendant's rape and indecent act by compulsion. Thus, the defendant is obligated to pay monetary compensation for the plaintiff's mental suffering and impulse as an illegal person.

Although the defendant argues to the effect that the defendant did not commit rape or make indecent act by compulsion, and even if not bound by the fact-finding in a criminal trial, the fact that the defendant was found guilty of the same fact-finding even if not bound by the fact-finding in a criminal trial is material evidence, and thus, it is not possible to recognize the opposing fact-finding in the civil trial unless there are special circumstances where it is deemed difficult to adopt the fact-finding in light of other evidence submitted in the civil trial (see, e.g., Supreme Court Decision 97Da24276, Sept. 30, 1997).

B. Scope of liability for damages

The defendant, using the fact that the plaintiff is a person with intellectual ability equivalent to Grade III intellectual disability, commits rape or indecent act by force, and the nature of the crime is not good, is highly likely to cause social and moral criticism, and the defendant's illegal act shows that the plaintiff was committed with mental impulses that it is difficult to recover throughout his life, and actually attempted suicide, and thus, has significant damage, such as the defendant's period and frequency of crime, the criminal punishment against the defendant, the contents of criminal punishment against the defendant, the defendant's effort to recover damage, and all other circumstances shown in the arguments, shall be determined as compensation for the plaintiff as KRW 20,00,000, in consideration of all other circumstances

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 20 million won and damages for delay calculated by the ratio of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 28, 2015 to October 13, 2015, which is the day following the day on which the copy of the complaint in this case was served on the defendant, to the defendant. The plaintiff's claim in this case is justified within the extent of the above recognition, and the remainder is dismissed as there is no justifiable reason.

Judges Lee So-young