(영문) 의정부지방법원 2017.12.06 2017나209205

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(영문) 의정부지방법원 2017.12.06 2017나209205

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding the amount of payment ordered below.

Reasons

1. Basic facts

A. On May 11, 2015, the Plaintiff had a sexual intercourse with B in an officetel in which the co-defendant B (hereinafter “B”) of the first instance court, a company partner, was residing, and the male and female job offerer B visited the said officetel at the time, who visited the said officetel, became witness.

B. At around 11:30 of the same day after hearing the explanation that the above sex relationship was caused by the plaintiff's rape, the defendant suffered injury, such as the face requiring treatment for about 14 days for the plaintiff when considering the plaintiff's face as a drinking, and the impairment of the satis of the satise of the two satis.

C. The defendant Na

A summary order of KRW 500,000 was issued due to the injury of the port, and the above summary order was finalized around that time.

(The District Court 2016 High Court 9718) d.

Meanwhile, while having filed a complaint against the Plaintiff on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the District Prosecutors' Office of the Gu government imposed on November 30, 2015 a disposition on the grounds that the Plaintiff’s sexual intercourse with B by exercising his/her force to suppress or make it significantly difficult to suppress B’s resistance,” and the Plaintiff filed a complaint against B without suspicion, but the said prosecutor’s office imposed a disposition on June 27, 2016 on the grounds that “the lack of recognition of the suspected crime against B’s non-suspect” was the same (Evidence of Evidence).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, facts with merit in this court, the purport of the whole pleadings

2. Determination

A. The summary of the plaintiff's assertion committed a tort such as assaulting the plaintiff and causing bodily injury, and the plaintiff suffered emotional distress, so the defendant is obliged to pay the plaintiff 5 million won as consolation money and delay damages.

B. According to the above fact of recognition of damages liability, the defendant is directly liable to the plaintiff.

유사 판례

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-부산지방법원 동부지원 2018.01.25 2016가합104981