2016 Ghana 102069 Damage

A

Law Firm Jeonn, Attorney Jeon-chul et al.

[Defendant-Appellee]

B

Law Firm Han, Attorney Lee Jae-soo

Attorney Lee Jae-woo

May 18, 2018

June 22, 2018

1. The defendant shall pay to the plaintiff 10 million won with 5% interest per annum from June 13, 2015 to June 22, 2018, and 15% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 30 million won with 5% interest per annum from June 13, 2015 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff and the Defendant were enrolled in the third year of C High School in 2015, and were friendly for three years.

B. At around 19:15 on June 13, 2015, the Defendant listened to 'E' on the second floor of the building D in Ansan-si, the second floor of the building D, with the Plaintiff, while viewing that the Plaintiff was going to a female toilet, and then, in order to steals the appearance of the Plaintiff seeing the Plaintiff as melting the Plaintiff into a female toilet, the Defendant intruded into the public toilets with the aim of meeting his sexual desire.

다. 피고는 위 나.항 기재와 같이 화장실에서, 용변을 보는 원고의 모습을 촬영하기 위하여 자신이 소지하고 있던 HTC 휴대전화기(디자이어)의 카메라 촬영기능을 켠 채 원고가 있는 용변 칸 위 틈으로 들이밀어, 성적 욕망 또는 수치심을 유발할 수 있는 용변을 보고 있는 원고의 신체를 원고의 의사에 반하여 촬영하려고 하였으나, 원고에게 발각되어 그 뜻을 이루지 못하고 미수에 그쳤다.

D. On January 19, 2018, the Defendant was sentenced to suspended sentence of two years, probation, community service, 200 hours, and 40 hours of sexual assault therapy in October, 2018, with respect to the criminal facts described in the above B.C. (hereinafter referred to as the "criminal facts in this case"), and the Defendant’s appeal against this, is currently pending in the appellate court (U.S. District Court 2018No639).

[Ground of recognition] Facts without dispute, Gap 2, 7 through 9, 11, Eul 1 and 2 (including additional numbers), the purport of the whole pleadings

2. Determination:

(a) Occurrence of liability for damages;

1) The facts admitted in the judgment in a related criminal case should be the fluent evidence in a civil trial, unless there are special circumstances (see, e.g., Supreme Court Decision 88Meu6075, May 9, 1989).

2) According to the above facts of recognition, it is insufficient to recognize the fact that the defendant intrudes into the public toilets in which the plaintiff reported urine in order to steals the appearance of the plaintiff, and was sentenced to a suspended sentence of two years in October due to the fact that the plaintiff attempted to photograph the appearance of the urine with a cellular phone, and attempted to do so, and that the defendant was sentenced to a suspended sentence of two years. The evidence submitted by the defendant alone is insufficient to find that there are special circumstances that it is difficult to adopt a judgment that found the above criminal judgment guilty, and there is no other evidence to acknowledge it otherwise.

3) Therefore, the defendant is liable to compensate the plaintiff for damages caused by the tort, since the defendant infringed the plaintiff's personal rights and freedom of privacy due to the above criminal facts against the plaintiff.

B. Scope of liability for damages

1) In calculating consolation money due to a tort, taking into account the circumstances on the part of the victim, including the victim’s age, occupation, social status, property and living conditions, degree of suffering from damage, degree of negligence of the victim, etc. as well as the victim’s intentional or negligent act, motive and cause of the harmful act, and attitude of the perpetrator after the illegal act, together with the circumstances on the part of the perpetrator, together with the principle of fair liability for damages. The court may determine the amount of consolation money at its own discretion by taking into account such various circumstances (see, e.g., Supreme Court Decision 2013Da209831, Feb. 27, 2014).

2) In the instant case, in consideration of the relationship between the Plaintiff and the Defendant, the motive and content of the Defendant’s tort, the degree of suffering suffered by the Plaintiff due to the Defendant’s tort, the Defendant’s attitude after the tort, and all the circumstances revealed in the background and the purport of the entire pleadings, it is reasonable to determine consolation money to be paid to the Plaintiff as KRW 10 million.

C. Sub-committee

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5% per annum under the Civil Act from June 13, 2015, which is the date of this judgment, to June 22, 2018, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the judgment of this case, to the date of full payment, as well as the amount of damages for delay calculated by the Defendant from June 13, 2015, which is the date of tort.

3. Conclusion

Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-soo