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(영문) 청주지방법원제천지원 2019.12.04 2019가단21855
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 12% per annum from September 6, 2019 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of evidence evidence Nos. 1 and 2 as well as the argument, the Plaintiff was born on August 2010; the Defendant committed rape and indecent act by compulsion against the Plaintiff under the age of 13 from July 2018 to October 2018 as follows; the Defendant was sentenced to imprisonment with labor for five years in the Cheongju District Court Support (Cheongju District Court Support 2019 High Court Support 2019 High Court), and the Defendant was sentenced to imprisonment with labor for the above criminal facts, and the appellate court [Seoul High Court Decision 2019No126, etc.] confirmed as it becomes final and conclusive: Provided, That the lower court was partially reversed on the ground that it did not sentence or decide whether to exempt the order of restriction on employment of welfare facilities for the disabled under the Act on Welfare of Persons with Disabilities.

section 23 of this title.

Facts of crimes.

1. The defendant's prior criminal act plan is a neighbor of the plaintiff.

The defendant's pro-Japanese E (10 years of age) of the defendant's children often play and grow in the defendant's house, and ordered E to "I would not play in the future if I do not live together with the plaintiff who is a woman," thereby inducing the plaintiff by getting E to put the plaintiff under 13 years of age in the defendant's house, and then abuse the fact that the plaintiff under the age is well followed by the horse of that woman and did not easily talk about the fact of sexual crime by having the plaintiff under her ability to make sexual change with the fact that he did not easily talk about the fact of sexual crime, and then, he saw the plaintiff to engage in sexual intercourse or indecent act.

2. Criminal facts;

A. A. Indecent acts by force by minors, the Defendant’s sexual intercourses by force within the room of the Defendant’s residence (hereinafter “residential premises”) located in the Defendant’s residence F in the Chungcheongbuk-gun, the end of July 2018 (hereinafter “the Defendant’s residence”), discovered the Plaintiff who was playing in his/her residence and kid about his/her sexual desire. The Plaintiff’s sexual intercourses the Plaintiff’s hand by inserting his/her hand into the Plaintiff’s seat, and then, the Defendant’s sexual intercourses with the Plaintiff’s hand.

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