207 Gaz. 110807 Compensation (as referred to)

1. A ( females born in 197);

Section B.

3. Sick:

Fixed man (masts who were born in 1956)

August 13, 2008

September 10, 2008

1. The defendant shall pay to the plaintiff Gap 10,00,00 won, the plaintiff Eul, and Byung 2,500,000 won respectively, and 5% per annum from October 31, 2007 to September 10, 2008, and 20% per annum from the next day to the day of complete payment.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 60% is borne by the Plaintiffs, and the remainder is borne by the Defendant.

4. Paragraph 1 can be provisionally executed.

Defendant KRW 30,00,00, KRW 000, and KRW 5,00,00, and KRW 00 for each of them to Plaintiff A, and Plaintiff B, respectively.

Payment of 20% interest per annum from the day after the delivery of the copy of the complaint of this case to the day of full payment.

(n)

1. Facts of recognition;

A. Plaintiff B and Plaintiff C are the parents of Plaintiff A, and the Defendant served as correctional public officials, while serving as correctional public officials.

It is a person who has been aware of the fact that the plaintiff had been paid.

B. On October 1, 2004, the Defendant committed an indecent act against the above Party A, such as: (a) the Plaintiff Company’s house, 101, after completing the Plaintiff’s joint bath with his own mother, and then, (b) the Plaintiff was placed on the bed part of the bed, and (c) the Plaintiff was placed on the bed part of the bed; and (b) on November 1, 200, at the above house, the Defendant committed an indecent act against the above Party A, such as forcing the Plaintiff to go back the above Party A to see the bed on the bed part of the bed; and (b) on November 2, 200, the Defendant committed an indecent act by force.

C. The defendant was prosecuted for the case of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of the Victims thereof (less than 13 minor rape, etc.) and was sentenced to a suspended sentence of two years in December 22, 2006, and was sentenced to a suspended sentence of two years in August. The defendant appealed against the above judgment. On June 14, 2007, the Daegu High Court found the defendant guilty of the crime under the above paragraph (b) but reversed the judgment of the first instance court and sentenced the same sentence (the above defendant's appeal was dismissed and its judgment became final and conclusive as is.

D. The plaintiff Gap suffered from August 14, 2006 to 2007 due to the mental disorder caused by the defendant's above indecent act.

3. The fact that he was subjected to mental interviews and pharmacologic treatment by not later than the time (based on recognition) was not disputed, the entries in Gap evidence 1-1, 2, Gap evidence 2, 3, and 10, and the purport of the whole pleadings;

2. Establishment of liability for damages;

According to the above facts of recognition, it is obvious in light of the empirical rule that the plaintiff Gap suffered severe mental damage due to the defendant's indecent act, and this is also the same as the plaintiff Eul and Byung who are his parents. Thus, the defendant is obligated to pay the above mental damage to the plaintiff.

3. Scope of damages.

In full view of all the circumstances revealed in the arguments in the instant case, including the Defendant’s attitude and degree of indecent act committed earlier, the age and development status of the victimized child, the psychological impulse that the parents are to receive due to the said illegal act, the impact on the growth of the victimized child, and the criminal punishment of the Defendant, etc., the amount of consolation money ordered to be paid to the Defendant shall be determined at KRW 10,000,000, KRW 2,500, and KRW 2,500,000 for the Plaintiff A, respectively.

4. Conclusion

The defendant's 10,00,000 won, 2,500,000 won, and each of the above money to the plaintiff Gap, Eul, and Byung respectively, after the date of tort, shall be served with the copy of the complaint of this case for which the plaintiffs sought after the date of tort.

10. From September 31, 2008 to September 10, 2008, which is the date of the judgment of this case where the defendant's defense over the scope of the obligation is reasonable, the defendant is obligated to pay 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiffs' claims are justified within the above scope of recognition, and part of them are accepted, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judges Hwang Young-soo