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1. The Defendant: (a) KRW 40,000,000 to Plaintiff A; and (b) KRW 10,000,000 to Plaintiff B; and (c) KRW 2,50,000 to Plaintiff C and D, respectively.
Reasons
Basic Facts
A. The plaintiff A and B are married children of the plaintiff C and D.
B. At around 21:00 on January 14, 2014, the Defendant, as a doctor, brought the Plaintiff A, a staff member of G, into the first side column of the building F in Seongbuk-gu, Sungnam-si, into the upper side of the building, and obstructed the sound by making the Plaintiff A’s entrance, and then put the Defendant’s hand into the panty part of the Plaintiff A, put the Defendant’s hand into the panty part of the Plaintiff, put the Defendant’s hand into the panty part of the Plaintiff, put the Defendant’s hand back, cut down the Defendant’s sexual organ, put the Plaintiff into the throst part of the building F, and putting the head of the Plaintiff into the Plaintiff’s entry, thereby committing similar rape.
C. On February 18, 2016, the Suwon District Court rendered a judgment of conviction of two years with respect to the Defendant’s crime of similar rape (2015Gohap96), and the Defendant appealed and appealed, but all of the appeals were dismissed, and the said judgment of conviction was finalized on February 3, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and Gap evidence Nos. 10 (including Serial numbers; hereinafter the same shall apply), and the purport and scope of the entire pleadings, prior to the occurrence and scope of the liability for damages, it is clear in light of the rule of experience that the defendant's act of similar rape committed by the defendant, which is the other party to the act, suffered serious mental distress, and thus, the defendant is obligated to accept the defendant's money.
Taking account of various circumstances revealed in the pleadings, such as the contents of the Defendant’s tort, the relationship between the Plaintiff A and the Defendant, the developments leading up to the Defendant’s tort, the investigation and trial process thereafter, the criminal case and the Defendant’s assertion in this case, and the degree of punishment that the Defendant received, etc., the amount of consolation money that the Defendant is liable to compensate for to the Plaintiffs A shall be determined as KRW 40,000 for the Plaintiff, KRW 10,000 for the Plaintiff, and KRW 2,50,000 for the Plaintiff C and D, respectively.