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(영문) 서울동부지방법원 2019.06.20 2018가단112940
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from January 15, 2017 to June 20, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant: (a) caused the Plaintiff to believe that he/she was a well-known photographer; (b) and (c) caused the Plaintiff to do so on January 13, 2017; and (d) entered the Mapo-gu Seoul Metropolitan Government Joint Ventureel on the ground that he/she had to do so.

The Defendant, within the Moel, she was frightened to the Plaintiff, she was frightened by the Plaintiff’s chest, and her finger was frightened by the Plaintiff’s finger, and her finger was frightened by another hand with the Plaintiff’s finger, and her finger was her fingerd into the Plaintiff’s finger, and her finger was her fingerd over several times with the Plaintiff’s chest, her jum, and sound, again, she was placed on the lease, and she was her part, she exceeded all clothes, and she was placed on the side of the Plaintiff, so that the Plaintiff’s her finger was frighted about 10 times.

B. The defendant is the above A.

In relation to the act of paragraph (1), the defendant was indicted for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Occupational Authority, etc.), which committed an indecent act against the plaintiff under the protection and supervision of the defendant by fraudulent means or by force, and was sentenced to the judgment ordering ten months of imprisonment and two years of suspended execution, 120 hours of community service and 40 hours of sexual assault treatment. The above judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant committed serious mental pain on the plaintiff by committing an indecent act by deceptive means and force against the plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above illegal act.

Furthermore, with respect to the amount of consolation money, the amount of consolation money shall be determined as KRW 20 million in consideration of various circumstances shown in the pleadings of the instant case, such as health class, the contents and degree of the tort, the progress of criminal trials after the tort, the Plaintiff’s age, and the relationship with the Defendant.

B. As to this, the Defendant’s defamation is attributable to the Plaintiff.

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