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1. The Defendant’s KRW 25,00,000 and its annual rate from June 14, 2018 to May 29, 2020 to the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 through 4 of the Plaintiff’s damage liability, the Defendant: (a) around June 13, 2018, at the Plaintiff’s residence in Daegu-gu, Daegu-gu, as well as around 23:40 on June 13, 2018; (b) deemed that the Plaintiff was divingd above, while under the influence of alcohol; and (c) met the Plaintiff’s chest with the Plaintiff’s face and under the influence of alcohol; (d) discharged the Plaintiff’s load; and (e) inserted the Defendant’s sexual organ into the negative part.
Accordingly, the defendant has sexual intercourse with the plaintiff by taking advantage of the plaintiff's refusal to resist.
‘The fact that the above judgment became final and conclusive upon conviction of two years of imprisonment for the crime of quasi-rape, 40 hours of order for a sexual assault treatment program (this court 2018 Gohap380, 2019No102, and 2019Do10365).
According to the above facts of recognition, the above crime committed by the defendant against the plaintiff constitutes a tort, and since it is obvious in light of the empirical rule that the plaintiff had suffered considerable mental suffering, the defendant is liable to compensate the plaintiff for the mental suffering suffered by the plaintiff.
2. As to the amount of consolation money that the Defendant is liable to pay to the Plaintiff, the amount of consolation money shall be determined as KRW 25 million in consideration of the following factors: (a) the details of the Defendant’s tort committed during the pleadings of the instant case; (b) the relationship between the Plaintiff and the Defendant; (c) the form of the said criminal act
Therefore, the defendant is obligated to pay to the plaintiff 25 million won and damages for delay at the rate of 5% per annum as stipulated in the Civil Act from June 14, 2018 to May 29, 2020, which is the date of the judgment of this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, which is the date of the decision of this case, the defendant's claim from June 14, 2018 to the date of full payment.
3. The plaintiff's conclusion of this case.