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(영문) 창원지방법원 2018.08.09 2017가단105640
손해배상(기)
Text

1. The Defendant: 5% per annum from May 16, 2017 to August 9, 2018 to Plaintiff A with respect to KRW 6,00,000 and the following.

Reasons

1. Facts of recognition;

A. The plaintiff A(D) is a parent of the plaintiff B, and the defendant is a criminal defendant of the plaintiff B.

B. From March 2013 to April 2015, Plaintiff A was abused by the Defendant on two occasions as follows while residing together with Plaintiff A’s grandparents (the Defendant’s parents) and the Defendant, who is the white father, in the building E in the Seocho-gu, Changwon-si, Changwon-si from March 2013 to April 2015.

① From April 2, 2014 to May 12, 2015, the Defendant: (a) reported that the Plaintiff’s mother G (Defendant’s female her female her female her female her female) was a school preparation; and (b) provided Plaintiff A’s bath to the Plaintiff; and (c) provided Plaintiff A’s head, arms, etc. five times.

② 원고 A가 2014년 여름 위 아파트의 부엌에 앉아 아이스크림을 먹고 있었는데, 피고는 원고 A에게 욕설을 하면서 원고 A의 머리를 1회 찼다.

C. On November 24, 2016, the Defendant was sentenced to imprisonment with prison labor for 8 months and for 2 years of suspended execution for violating the Child Welfare Act (child abuse) with the Changwon District Court Decision 2016Da3359 (child abuse) on November 24, 2016.

(An appeal against the above judgment was dismissed by the defendant's appeal in the Changwon District Court Decision 2016No3308, Supreme Court Decision 2017Do10574, respectively, and the above judgment became final and conclusive September 6, 2017) 【The ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 1 and 4, and the purport of the whole pleadings.

2. Determination as to Plaintiff A’s claim and Plaintiff B’s main claim

A. According to the facts acknowledged in the plaintiff A's foundation of consolation money, the defendant is obligated to pay consolation money to the plaintiff A for mental distress suffered by the plaintiff A due to the above abuse.

Furthermore, with respect to the amount of consolation money, the amount of consolation money shall be determined as KRW 6 million in consideration of various circumstances shown in the pleadings of the instant case, such as health team, the relationship between the Defendant and the Plaintiff A, the age of the Plaintiff A, and the background and result of the above abuse.

Therefore, the defendant is one of the six million won consolation money and the above abuse occurred to the plaintiff A after the date of the above abuse.

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