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(영문) 대구지방법원 2017.07.12 2016나15219
손해배상(기)
Text

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. Basic facts

A. The defendant is a person who lives for the lower time at 201 Dong, Daegu-gu, Daegu-gu, 201.

B. On February 20, 2016, around 11:55, the Defendant found labels at the Plaintiff’s house, opened several times, opened the entrance door, and intruded the Plaintiff’s residence by pushing the son’s son’s son’s son’s son’s house.

다. 피고는 2016. 3. 16. 원고가 운영하는 의류판매점에서 "원고의 아들이 찾아와 수면제를 먹이고 목을 조르고 강간, 폭행을 하면서 때렸다, 지금까지는 내 돈 쓰고 병원에 다녔는데 부모 된 입장에서 병원비를 달라"며 손님들이 있는 데서 고함을 질렀고, 2016. 6. 3. 위 의류판매점 입구에서 원고에게 삿대질을 하면서 “니가 멀쩡한 나를 병원에 입원시켰다”며 소란을 피웠다. 라.

The defendant was sentenced to a suspended sentence of one year in the year of imprisonment with prison labor for the crime of interference with business and intrusion upon residence on January 26, 2017 at the Seo-gu District Court Branch of the Daegu District Court and the crime of interference with business on January 26, 2017. The above judgment became final and conclusive around that time.

E. On June 13, 2016, the Plaintiff received medical treatment for symptoms, such as depression caused by stress, as the Plaintiff was within the hospital.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 3, 4, 8, 10 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, since the plaintiff was obviously suffering from mental suffering due to the defendant's above residential intrusion, business obstruction, etc., according to the empirical rule, the defendant is obliged to pay consolation money to the plaintiff due to damages caused by the tort.

B. The scope of liability for damages appears to have suffered heavy mental distress due to the circumstance leading the Defendant to the above act, the details of the tort, and the repeated tort in the Plaintiff’s residence and workplace, and the Plaintiff.

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