Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a disabled person of Grade III with intellectual disability.

The Plaintiff and the Defendant had worked as an employee in the “D” factory in Busan-gu, Busan-do (hereinafter “instant factory”).

B. At around 15:00 on July 18, 2018, the Defendant: (a) reported the Plaintiff’s being laundry work in the instant plant; (b) was behind the Plaintiff, and (c) was behind the Plaintiff, the Plaintiff’s son and her son and son were only used below the lower part.

(hereinafter “the primary indecent act by compulsion”) C.

around 13:00 on July 22, 2018, the Defendant: (a) considered the Plaintiff to take out working clothes at the instant plant; and (b) considered the Plaintiff to have taken out the Plaintiff’s left chest by hand before the Plaintiff; and (c) met once as they had flicked on the Plaintiff’s left chest by hand before the Plaintiff.

(hereinafter “the second indecent act by compulsion”) D.

On March 22, 2019, the Defendant was sentenced to a fine of KRW 10 million for the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by Indecent Act by Persons with Disabilities) with respect to the instant1 and the secondary indecent act by force on March 22, 2019, and the Defendant and the prosecutor appealed from the lower court, but the lower court dismissed all of the appeals on July 18, 2019 (In Busan High Court 2019No164), and the said judgment became final and conclusive on July 26, 2019.

[Ground of recognition] Each entry in Gap evidence Nos. 1 and 2 (including additional number) and the purport of the whole pleadings is to deny the facts of indecent act by compulsion of the defendant in this case, but the facts acknowledged in the relevant criminal judgment cannot be rejected without permission, since it constitutes a civil trial, as well as a flexible evidence (see, e.g., Supreme Court Decision 2004Da4386, Apr. 28, 2004), barring any special circumstance, it is difficult to acknowledge any special circumstance to the extent that the probative value of the above criminal judgment should be reversed, and there is no other evidence to prove otherwise.

2. Determination

A. According to the above facts, the defendant suffered mental suffering from the plaintiff's tort of the first and second indecent acts in this case.