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1. The Defendant’s KRW 50,000,000 and its related amount are 5% per annum from October 23, 2012 to January 18, 2015 to the Plaintiff.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either remarkable facts in this Court, or facts in Gap evidence Nos. 1, 2, and 3.
On February 4, 2016, the Defendant was sentenced to six years of imprisonment with prison labor for the following crimes by the Daegu High Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compreting of Persons with Disabilities, Fraudulent Means, etc.):
(2013No483) On September 6, 2013, the Defendant was sentenced to eight years of imprisonment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) in the Daegu District Court’s Branch Branch, but the indictment was modified in the above appellate court.
1) At around 192, the Defendant had the Plaintiff, a woman living together in his house, from the date when he had the Plaintiff undergo a soft procedure, and had the Plaintiff be informed of his desire or assaults several times from the Defendant, due to mental retardation, because the Plaintiff had the ability to discern things or make decisions. If the Defendant becomes aware of the fact of sexual intercourse with the Plaintiff, it threatens that C would die or directly die the Plaintiff. If the Plaintiff refuses the Defendant’s demand, the Defendant used that the Defendant’s sexual intercourse would not refuse to refuse the Defendant’s request, and, on May 6, 2011, allowed the Plaintiff to have sexual intercourse from time to time by taking advantage of his mind that the Plaintiff’s sexual intercourse cannot be refused. (ii) The Defendant, on June 6, 2011, took advantage of the Plaintiff’s sexual intercourse with the Defendant’s appearance that the Plaintiff would not have arrived at the Plaintiff’s chest, and then, was forced to have sexual intercourse with the Plaintiff on May 20, 2011.
Accordingly, the defendant is mentally disabled.