1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. On March 2, 2016, around 13:41, the Defendant assaulted the part of the decedent’s left head at one time due to the loss of the deceased’s loss, which became a starting point in the front parking lot of the office of “C” (hereinafter referred to as “the deceased”) and the problem of the operation of water scambling at the end of the office of “C” (hereinafter referred to as “the deceased”).

B. The Deceased died during the transfer of the hospital to the hospital in an acute fluorial color after seven minutes of assault by the Defendant as above.

C. On September 28, 2017, the Council for Deliberation on Criminal Damage Aid at the Government's Office under the Plaintiff-affiliated District Prosecutors' Office decided to pay each bereaved family relief fund KRW 7,471,570 (the sum of KRW 14,943,140) to E and F, the deceased's children, and paid it on October 31, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the deceased died due to the Defendant’s assault, and therefore, E and F, the deceased’s children, have the right to claim damages for tort.

However, as the Plaintiff paid the bereaved family relief fund of KRW 14,943,140 to E and F pursuant to the Crime Victim Protection Act, the Plaintiff is subrogated to the Defendant of E and F to the extent of the payment.

Therefore, the defendant should pay the above amount to the plaintiff as damages.

3. Determination

A. The Crime Victim Protection Act (hereinafter referred to as the "Act") stipulates that "a person is killed, injured, or injured by an act which constitutes a crime under Article 9, 10(1), 12, or 22(1) of the Criminal Act (including an act which is not punishable pursuant to Article 9, 10(1), 12, or 22(1) of the Act, but excluding an act which is not punished pursuant to Article 20 or 21(1) of the same Act and an act which is not committed by negligence)" as "criminal injury subject to rescue" (Article 3(1)4 of the Act), and Article 3(1) of the Act.