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(영문) 수원지방법원평택지원 2019.04.19 2018가단51889
손해배상(기)
Text

1. The Defendant: (a) two million won for each of the Plaintiff A and B; (b) fifteen million won for each of the Plaintiff C and each of the said money; and (c) from May 7, 2015 to May 2019 for each of the said money.

Reasons

1. Facts of recognition;

A. Plaintiff C was a child of Plaintiff A and B, and students in the second grade E in around 2015, and the Defendant was at the time serving as a teacher teaching Korean history subjects in E high level.

B. On February 12, 2018, the Defendant was convicted of a fine of KRW 10 million from the above court due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, as stated in the separate crime (the Defendant’s “Defendant” and the victim’s “Plaintiff C”), which was charged for committing a crime committed by the Plaintiff C on two occasions, and was sentenced to a judgment of conviction of KRW 10 million from the above court on February 12, 2018. The Seoul High Court appealed as Seoul High Court 2018No662, but appealed on November 2, 2018. The Defendant was convicted of the same punishment on November 2, 2018. Re-appealed by Supreme Court Decision 2018Do18542, but the judgment of dismissal of the lower court was rendered on January 31, 2019.

[Reasons for Recognition] Facts that there is no dispute between the parties or do not clearly dispute between them, entry of Gap 1-3 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition as above, the Defendant’s tort committed by indecent act by compulsion on two occasions against Plaintiff C (hereinafter “instant tort”), which is a minor, is obvious in light of the empirical rule that not only the Plaintiff C but also the Plaintiff A and B, who is his parent, suffered mental suffering. Therefore, the Defendant is obligated to do so in money.

B. In full view of all the circumstances, such as the scope of damages and the relationship between the plaintiffs and the defendant revealed in the above facts and arguments, the form and degree of the tort in this case, and the circumstances after the tort, it is reasonable to determine the amount of consolation money for mental suffering suffered by the plaintiff C as 15 million won, and the amount of consolation money for mental suffering suffered by the plaintiff Gap and Eul as 2 million won, respectively.

3. If so, the defendant shall pay consolation money to the plaintiff C as 15 million won, and 2 million won, respectively.

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