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(영문) 수원지방법원성남지원 2017.06.23 2016가단20762
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual interest thereon from August 5, 2015 to November 1, 2016.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2, the defendant taken the plaintiff's personal body at the plaintiff's house on August 5, 2015, and raped the plaintiff, and further inflicted bodily injury, such as knee kne kne light kne, etc. on the plaintiff's home. The defendant was sentenced to four years of imprisonment with prison labor on July 12, 2016 as Seoul High Court 2016No1166 for the crime of rape, violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes (Seoul High Court 2016No166). The defendant appealed, but the defendant appealed on September 28, 2016 and the judgment became final and conclusive on the same day.

However, unless there are special circumstances where it is difficult to adopt a judgment of facts in the criminal trial in light of other evidence submitted in the civil trial, the facts that have already become final and conclusive in the same factual relationship are significant evidence. Therefore, there is no evidence to acknowledge the existence of such special circumstances in this case.

Therefore, the defendant is liable to compensate the plaintiff for mental damage caused by the above crime.

With respect to the amount of damages, 30,000 won claimed by the Plaintiff shall be recognized as consolation money in light of all the circumstances, such as health team, the Defendant’s attitude of crime, the background of crime, and the Plaintiff’s age.

Therefore, the defendant is obligated to pay to the plaintiff 30 million won and damages for delay calculated at the rate of 5% per annum under the Civil Act from August 5, 2015, which is an illegal act day to November 1, 2016, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim is accepted.

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