(영문) 전주지방법원 2020.11.05 2019나8149 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 전주지방법원 2020.11.05 2019나8149

손해배상(기)

Text

1. The part against the Defendants in excess of the amount ordered below shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. At around 20:00 to 22:00 on July 16, 2016, when the Plaintiff and Defendant B were enrolled in the third grade of high school, they met with the Plaintiff while drinking alcohol in front of the lower entrance of the E Elementary School, and was diving on the floor, and the Plaintiff filed a complaint with the Defendant B on the criminal facts that “Defendant B her flaced out of the Plaintiff’s panty and panty, added the Plaintiff’s sexual organ into the panty, and taken the Plaintiff’s flacul by using a cell phone camera.”

B. As to the charge of quasi-rape in Defendant B, a non-prosecution disposition was rendered on the ground that the charge of quasi-rape was not found to have sexual intercourse in the state of mental disorder or impossible failure, and the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Smerasation and photographing) was committed on the part of the victim under the influence of alcohol by using his mobile phone, and the Defendant B’s relatives stated that the above video was taken, and the judgment of protective disposition was rendered on December 20, 2018 with the Jeonju District Court 2018Ma787.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, Defendant B committed a harmful act of violation of the Punishment of Sexual Crimes Act (hereinafter “the harmful act of this case”) (hereinafter “the harmful act of this case”), and it is obvious in light of the empirical rule that the Plaintiff, who was a high school student at the time of the above harmful act, was suffering from mental suffering. At that time, Defendant B was capable of changing his responsibility for his own act as a student in the third grade of high school and was responsible for compensating the Plaintiff for the damages suffered by the Plaintiff due to the harmful act of this case. Thus, Defendant B is liable to compensate the Plaintiff for the mental suffering suffered by the Plaintiff in money.

In case where a minor is responsible for tort on his own due to the ability of responsibility, the damage is caused.

유사 판례

-울산지방법원 2017.12.19 2016가단66294

-대구지방법원 2017.06.21 2016나14896

-서울북부지방법원 2017.06.23 2016나6918

-수원지방법원 2016.11.03 2016나59041

-부산지방법원 2018.01.16 2017가단301021