(영문) 대구지방법원포항지원 2019.04.25 2018가단105123

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(영문) 대구지방법원포항지원 2019.04.25 2018가단105123

위자료

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1. From September 15, 2018 to April 25, 2019, the Defendant: (a) KRW 40 million to the Plaintiff; and (b) KRW 5% to the Plaintiff, respectively; and (c) April 26, 2019.

Reasons

1. The defendant, on August 2, 2016, has been sentenced to three years of imprisonment for the crime committed by the plaintiff on the one-time rape, and the judgment became final and conclusive (the fact that there is no dispute). The defendant is liable to compensate the plaintiff for mental damage caused by the tort in money.

2. Scope of liability for damages

A. In full view of the following circumstances in light of the fact that there is no dispute over mental damages, Gap evidence Nos. 1, Eul evidence Nos. 1 through 4, and the purport of the entire pleadings, the amount of mental damages to be paid by the defendant shall be KRW 40 million.

① From July 13, 2016, the Defendant began with the Plaintiff (the age of 31 at that time) and met almost every day until the day on which the tort was committed. In the process, the Defendant had sexual intercourse several times.

② On August 2, 2016, the Defendant, even though being notified by the Plaintiff on August 2, 2016, did not return to the Plaintiff’s office and committed such tort.

③ Even though the Plaintiff explicitly expressed his/her intent to refuse sexual intercourse, the Defendant saw that he/she saw his/her fingers as his/her fingers, and the Plaintiff did not resist due to mental or physical damage, such as taking the knife, bones, etc. from the Defendant on July 24, 2016, on the ground that he/she notified the Defendant of the separate knife, around July 24, 2016.

④ The Defendant, immediately after the tort, forced the Plaintiff to move, had the Plaintiff for about five hours, and attempted to communicate with the Plaintiff several times on the following day. During that process, the Defendant also mentioned that the Plaintiff and the Plaintiff’s mother were trying to inflict a knife injury on the Plaintiff and the Plaintiff’s mother.

The plaintiff had the defendant found himself again, and immediately following the day of the illegal act, the plaintiff discontinued its operation after deducting the animals at the four-day shop that he operated.

(5) The defendant is seriously against his/her will in the course of investigation and criminal trial.

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