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(영문) 의정부지방법원 2019.08.13 2019나204174
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 9, 2016, the Defendant, who is the mother of the Plaintiff, was locked at the Defendant’s house located in the Gangwon Iron-gun, Kangwon-gun, and was locked at a small room. The Defendant, who was a mother of the Plaintiff, she was fluent and fluored by the Plaintiff at the Defendant’s house, and she was fluored in a small room room, and she was fluord by the Plaintiff, and she was fluored in the Defendant’s room, who was fluored by the Plaintiff, at around 03:00 on April 10, 2016, she was fluord by gathering his hand with the Plaintiff’s inner panty, and she was fluored into the Plaintiff’s negative part.

B. On August 9, 2017, the Defendant’s District Court rendered 2016Gohap350, supra.

The facts stated in the paragraph were convicted of imprisonment with prison labor for three years, and the above judgment became final and conclusive by dismissal of appeal and dismissal of appeal.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Although the facts acknowledged in a civil trial are not necessarily bound by the facts established in the criminal trial, the facts recognized in the judgment of the relevant criminal case that has already been finalized shall be deemed as the valuable evidence unless there are special circumstances.

B. (See, e.g., Supreme Court Decision 91Da37690, May 22, 1992).

According to the above facts of recognition, the defendant is deemed to have committed indecent act by compulsion of the plaintiff, and it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering, so the defendant is obligated to do so in money.

3. The following circumstances, which are acknowledged by comprehensively taking account of the facts acknowledged as above, Gap evidence Nos. 3, Gap evidence No. 4-1 and 2, and the purport of the entire pleadings, namely, the defendant's father-child, namely, the circumstance, method, and degree of this case's quasi-indecent act, the plaintiff suffered from trauma stress disorder, adaptation disorder due to the quasi-indecent act in this case's injury, and the degree of criminal punishment imposed by the defendant, are considered.

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