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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. In the absence of dispute between the parties to the facts of recognition, or in full view of the purport of the entire pleadings in the statement of evidence No. 1, the defendant was convicted of imprisonment with prison labor on June 20, 2018, for one year and six months, for a period of suspension of execution of three years (Seoul District Court 2017 High Court 2017 High Court 5661), and the above judgment became final and conclusive as it is by the withdrawal
2. Determination as to the cause of action
A. According to the above facts, the defendant's act of indecent act by compulsion constitutes a tort, and it is obvious that the plaintiffs suffered mental suffering. Thus, the defendant is obliged to pay a monetary injury to the plaintiffs.
B. Furthermore, in full view of the following circumstances, the amount of consolation money to Plaintiff A is determined as KRW 10,00,000, and the amount of consolation money to Plaintiff B is determined as KRW 8,000,000, respectively, in full view of the following circumstances, including: (a) the following circumstances acknowledged by the Defendant based on the foregoing evidence and the statement of evidence No. 2 as well as the fact-finding on the D Center of this Court; (b) the Defendant repeatedly committed indecent act by compulsion; (c) the father and frequency of indecent act by compulsion; and (d) Plaintiff A received five psychological treatment and eight telephone counseling at D Center from January 26, 2018.
C. Therefore, the Defendant is obligated to pay to the Plaintiff A the consolation money of KRW 10,00,00 and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 1, 2016 to December 17, 2018, which is the delivery date of a copy of the complaint in this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The Defendant is obligated to pay to the Plaintiff B the consolation money of KRW 8,00,000 and the damages for delay calculated from March 30, 2017 to December 17, 2018, which is the delivery date of a copy of the complaint in this case, and the next day shall be fully paid.