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1. The defendant is about KRW 20,000,000 to the plaintiff A, KRW 2,000,000 to the plaintiff B, and KRW 1,00,000 to the plaintiff C and each of the above money.
Reasons
Plaintiff’s assertion
The defendant, as shown in the attached list of crimes, has sexual intercourse or indecent act against the plaintiff A on seven occasions.
The defendant is obligated to pay consolation money and damages for delay for mental damage suffered by the plaintiff C, who is the mother of the plaintiff A, the mother of the plaintiff A, and the plaintiff C, due to the above tort.
Judgment
According to the written evidence No. 1 re-8 of the occurrence of liability for damages, and the purport of the entire pleadings, the Defendant committed sexual intercourse or indecent act by taking advantage of the Plaintiff’s mental disability as shown in the attached list of crimes from August 2015 to February 2016. The Defendant was sentenced to six years as of May 31, 2017 as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape of Disabled Persons) and a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by Persons with Disabilities), and the fact that the judgment becomes final and conclusive [this Court Decision 2016Da93, Seoul High Court 2017No76], and Plaintiff B’s mother, and Plaintiff C’s partner, respectively.
Since the defendant's above tort is obvious in light of the empirical rule that the plaintiffs suffered considerable mental damage, the defendant is obliged to pay a monetary reward.
The scope of compensation for damages shall be determined as KRW 20,00,000, the amount of consolation money to be paid to the Plaintiff A, KRW 2,000,00, and the amount of consolation money to be paid to the Plaintiff B, in consideration of the various circumstances shown in the pleadings, such as the content and period of the tort committed against the Plaintiff A, the number of times, the background, the Defendant’s continuous denial of the crime in the relevant criminal cases, and the fact that the Plaintiffs did not commit the crime, and the content and degree of mental suffering, and the relationship with the Plaintiff B and C, respectively.
Therefore, according to the theory of the lawsuit, the defendant 20,000,000 won for consolation money to the plaintiff A, and the plaintiff B.