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(영문) 서울서부지방법원 2015.08.27 2014가단43390
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant C, D, and E respectively KRW 5,00,000 for each of them and from October 6, 2013:

B. Defendant F and G are the same.

Reasons

1. The following facts do not conflict between the Parties:

On October 6, 2013, Defendant C, while driving away from her house in Eunpyeong-gu Seoul Metropolitan Government Ha House at the school-friendly Ha House in Eunpyeong-gu, Seoul around October 6, 2013, began to go off the Plaintiff’s panty, exceeded the Plaintiff’s panty, etc., and met the Plaintiff’s chest and sound.

Defendant C, who tried to break out from a locking, due to the abnormal sense of the Plaintiff, committed an indecent act by force by inserting the Plaintiff’s head by force, etc., and again, committed an indecent act by force by inserting the Plaintiff’s fingers into the Plaintiff’s negative book.

Defendant C received juvenile protective disposition on September 17, 2014 due to the above criminal facts.

B. On August 4, 2013, Defendant F made a false statement to the Plaintiff in order to have a sexual intercourse with the Plaintiff on the day of his home in Eunpyeong-gu Seoul Eunpyeong-gu Seoul J, and demanded the Plaintiff to have a sexual intercourse with the Plaintiff, “I shall have a sexual intercourse with the Plaintiff,” “I shall have a sexual intercourse with the Plaintiff’s chest,” and “I shall request the Plaintiff to have a sexual intercourse with the Plaintiff’s chest,” and the Plaintiff’s refusal to “I shall not go out of the clothes, I shall not go out of the clothes, I shall not send it to the house,” and he shall make the Plaintiff off the clothes, and prevented the Plaintiff from putting his sexual organ into the Plaintiff’s negative book, and have sexual intercourse with the Plaintiff six times through force until September 2013, by means of force.

Defendant F received juvenile protective disposition on September 17, 2014 due to the above criminal facts.

C. Defendant D and E are the parents of Defendant C, and Defendant G are the mother of Defendant F.

2. Determination:

A. According to the facts acknowledged as above, it is obvious in light of the empirical rule that Defendant C and F suffered from irrecoverable mental suffering due to sexual intercourse by compulsion or force by force by Defendant C and F, and thus, the above Defendants are obliged to compensate for mental suffering suffered by the Plaintiff.

In addition, if the damage was caused by the illegal act of a minor with the ability to assume responsibility, the damage is the minor.

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