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(영문) 인천지방법원부천지원 2020.06.12 2019가단31360
손해배상(기)
Text

1. The Defendant’s KRW 20,317,200 for the Plaintiff and KRW 5% per annum from December 28, 2017 to June 12, 2020.

Reasons

1. If the purport of the entire pleadings is added to the statement in the evidence Nos. 1 and Nos. 1, the Defendant, on December 28, 2017, went through and sing out in the victim (the Plaintiff) and his neighboring main points at the Plaintiff’s meeting on December 28, 2017. On the same day, the Defendant, at around 05:00, attempted to take two arms of the victim, take a sexual intercourse with the victim by taking out the victim’s buckbucks with the Defendant’s bridge, even though the victim refused to “the victim shall not have her right to walk.”

"Criminal facts" are as follows: (a) two years of imprisonment on July 20, 2018; (b) three years of probation; (c) 40 hours of an order to attend a sexual assault therapy (Seoul Southern District Court 2018Gohap146); (d) Defendant appealed to the military court; and (e) was sentenced to ten months of imprisonment and two years of suspended execution on May 1, 2019 (2018No340 of the High Military Court) and the Defendant appealed to the military court (2018No340 of the High Military Court); (c) on July 12, 2019, the Defendant dismissed the appeal (Supreme Court Decision 2019Do6970).

In a civil trial, even if it is not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts are significant evidence. Thus, the facts opposed to the finding of facts in a criminal trial cannot be recognized unless there are special circumstances where it is deemed difficult to adopt a judgment of facts in a criminal trial in light of other evidences submitted in the civil trial (see, e.g., Supreme Court Decisions 97Da24276, Sept. 30, 1997; 2007Da69148, Feb. 14, 2008; 2007Da69148, 69155, Feb. 14, 2008). Unless there is any specific counter-proof, the defendant is liable to compensate the plaintiff for damages

2. Scope of damages

A. If the contents of evidence Nos. 2 and 5 are added to the purport of the entire pleadings, the Plaintiff is receiving treatment due to the instant tort, etc., and then spent so far.

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