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(영문) 전주지방법원 2016.11.30 2016가단12382
손해배상(기)
Text

1. The Defendant’s KRW 8,769,694 as well as 5% per annum from February 13, 2014 to November 30, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 31, 2014, the Defendant was prosecuted with the Jeonju District Court as follows, and the said court found the Defendant guilty of the charges on June 24, 2015, and sentenced the Defendant to a suspended sentence of two years, community service 160 hours, and 40 hours in the number of sexual assault therapy programs, for six months, due to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts with Occupational Authority, etc.).

(B) Jeonju District Court 2014 Highest 1211).

Although the prosecutor and the defendant appealed against the above judgment, the appellate court dismissed both the prosecutor and the defendant's appeal on November 13, 2015 (the Jeonju District Court 2015No838), and the defendant appealed on March 22, 2016, but the appeal was dismissed.

(Supreme Court Decision 2015Do18347). The Defendant is a person who works at “C Hospital” as a physical clinic.

Around 17:00 on February 13, 2014, the Defendant: (a) from the 3rd floor water treatment room of “C Hospital” located in Seojin-gu, Seojin-gu; (b) from February 11, 2014, from the Plaintiff, who had received a medical treatment from around December 11, 2014, left the upper part of the reproductive machine that had not been treated once during this framework as both descendants, and (c) is married with another person with a sexual intercourse. In that sense, the Defendant is unable to enter into a marital relationship with the husband before marriage; and (d) again, the Plaintiff was divided into the parts of the Plaintiff’s Ya-gu and the part of the reproductive part into three parts.

As a result, the defendant committed an indecent act by force against the plaintiff by using physical therapy services.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings

2. Determination

A. According to the facts found above, the defendant's act of indecent act against the plaintiff constitutes a tort that infringes on the plaintiff's body or right to sexual self-determination, and the defendant as the offender of the above tort compensates the plaintiff for the damages suffered by the plaintiff due to the above tort.

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