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(영문) 춘천지방법원 2018.02.07 2017가단3973
손해배상(기)
Text

1. The Defendant: KRW 40,00,000 to Plaintiff A; KRW 5,00,000 to Plaintiff B; and each of them, from December 31, 2012 to August 2017.

Reasons

1. Comprehensively taking account of the respective descriptions and arguments of the evidence Nos. 1 and 2 (including household numbers) of the basic facts, Plaintiff B is the father of Plaintiff A, and the Defendant is the father of Plaintiff B. The Defendant cited the criminal facts found guilty in the relevant criminal case on several occasions from March 201 to December 2012.

The defendant was sentenced to imprisonment with prison labor for one year and three months and seven years in the case of Seoul High Court 2016 High Court 2017No24, but the defendant appealed [Seoul High Court 2017No24] but dismissed, and the appeal was dismissed and finalized.

(Supreme Court Decision 2017Do9042). 2. Determination

A. The defendant, at the time of the occurrence of liability, committed indecent act by compulsion or rape against the plaintiff who is a minor under the age of 9 through 11, for a considerable period of time, and committed similar act to the above plaintiff, as seen above, is obvious in light of the empirical rule that the plaintiff A and his father who is a person with parental authority as well as the plaintiff B suffered severe mental suffering. Thus, the defendant is obligated to compensate the plaintiffs for consolation money for mental suffering suffered by the plaintiffs.

B. Furthermore, the scope of liability and the amount of consolation money that the defendant is liable to the plaintiffs, ① the defendant, as the plaintiff's wife, committed indecent acts by compulsion or rape against the plaintiff A, who is a minor under the age of 13, ② the plaintiff A, who was under the age of 9 through 11 at the time of the above tort, was suffering from mental suffering due to sexual humiliation, and not only the plaintiff A, who was under the age of 9 to 11, but also had suffered from mental suffering that could not be easily cured for a long time in the future. ③ The defendant did not make any agreement or compensation in the above criminal case, ④ the number and period of indecent acts by compulsion and rape against the plaintiff A, and the degree of coercion in the course of sexual assault.

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