Defendant KRW 30,000,000 to Plaintiff A, KRW 10,000,00 to Plaintiff B, and KRW 5,000,00 to Plaintiff C and D, respectively.

1. Facts of recognition;

A. The Defendant committed an indecent act by force on February 14, 2017 and February 14, 2017 against Plaintiff A, and committed an attempted rape on November 22, 2017.

B. The defendant is the above A.

On January 10, 2019, the act of rape and indecent act by compulsion was prosecuted due to the crime described in paragraph (1) and was sentenced to a judgment ordering the completion of a sexual assault treatment program for two years, six months and 80 hours in the Changwon District Court’s territorial branch on January 10, 2019. The appeal was dismissed by the Busan High Court on July 17, 2019. The appeal was again dismissed by the Supreme Court on November 14, 2019.

C. Meanwhile, Plaintiff B’s spouse, Plaintiff C, and D are children of Plaintiff A.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3, Gap 4-1, 2-2, and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. Even if a civil trial in which the obligation to pay consolation money has arisen is not bound by the fact-finding in a criminal trial, the fact that the criminal judgment which was established was found guilty of the same factual basis is material evidence, and thus, it cannot be acknowledged that there is no special circumstance where it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial unless it is admitted

(See Supreme Court Decision 2007Da69148, 69155 Decided February 14, 2008, etc.). As seen earlier, the Defendant was subject to criminal punishment for committing an attempted rape, etc. with respect to Plaintiff A. This constitutes a tort, and it is clear in light of the empirical rule that not only the Plaintiff A, who is a direct victim, but also the rest of the Plaintiffs who are his/her spouse and children, suffered serious mental pain. Therefore, the Defendant is obligated to do so with monetary injury suffered by the Plaintiffs.

B. The victim’s age, occupation, and social status, in case of calculating consolation money due to one tort in the amount of consolation money.