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(영문) 대전지방법원 2016.08.11 2016가단212088
구상금
Text

1. The Defendant’s KRW 24,905,220 as well as the Plaintiff’s annual rate from March 21, 2016 to May 18, 2016.

Reasons

Facts of recognition

A. At around 06:50 on January 26, 2016, the Defendant attempted to demand the victim to change the amount of monthly rent of KRW 100,000,000,000 that remains after he/she had failed to take residence period of KRW 200,000,000, paid to the victim in front of the dominium operated by the victim B (hereinafter “victim”) on February 26, 2016. However, the Defendant attempted to demand the victim to report to the police when he/she avoided her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers

As a result, the victim died due to brain damage around 09:30 on January 26, 2016 while receiving treatment in the emergency room of the Chungcheongnamnam University Hospital.

(hereinafter “instant crime”). (b)

On April 28, 2016, the Defendant was convicted of seven years of imprisonment on the ground that the instant crime was committed by Daejeon District Court 2016Gohap48.

(The above conviction became final and conclusive as it is, after filing an appeal by the Defendant, and withdrawing the appeal).

As a child of the victim, C/D applied to the Plaintiff for the payment of the bereaved family relief fund under the Crime Victim Protection Act in relation to the instant crime.

Accordingly, on March 10, 2016, the Plaintiff decided to pay KRW 12,452,610 each as the bereaved family relief fund to C and D, and paid KRW 12,452,610 each to C and D on March 21, 2016.

[Reasons for Recognition] A/D’s claim for damages against C/D’s Defendant may be subrogated within the scope of KRW 24,905,220, total amount paid to C/D pursuant to Article 21(2) of the Crime Victim Protection Act, based on the absence of dispute, the respective statements in Gap’s 1/6, and the purport of the entire pleadings.

Furthermore, C and D can be recognized that they had suffered mental pain due to the instant crime, and the defendant is obliged to do so in monetary form to C and D.

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