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(영문) 인천지방법원부천지원 2020.09.24 2020가단106673
손해배상(기)
Text

The defendant's KRW 50 million to the plaintiff and its 5% per annum from June 15, 2019 to September 24, 2020.

Reasons

Facts of recognition

A. On February 7, 2020, the Defendant was sentenced to imprisonment with prison labor for three years and six months for the crime of injury resulting from quasi-rape, on the grounds that the following criminal facts (hereinafter “instant crime”) were found guilty in the branch court of the Incheon District Court (hereinafter “instant crime”).

(2019Gohap230) The Defendant (Defendant) was aware of the victim (Plaintiff) through the middle school Dong Chang C, and made an interview and booming.

On June 15, 2019, at around 00:00, the Defendant was under contact with C to the effect that “the victim drinks alcohol with the victim, and the victim withdrawals a large number of the victims.” On June 15, 2019, the Defendant met the victim and C with the victim around the Gangnamnam Station in Seoul, Gangnam-gu, Seoul, and went back to C with the Defendant’s residence according to C’s proposal.

From around 01:00 on the same day to 06:00 on the same day, the Defendant exceeded the clothes of the victim by using the victim’s state of diving in his/her place of residence, and inserted the victim’s sexual organ into the negative part of the victim’s sexual organ, thereby suffering from injury, such as depression and stress on the part of the victim’s sexual organ in which the number of days of treatment cannot be known.

B. The above judgment became final and conclusive through dismissal of appeal (Seoul High Court Decision 2020No483, Jun. 18, 2020) and dismissal of appeal (Supreme Court Decision 2020Do8392, Aug. 27, 2020).

C. As a result of the instant crime, the Plaintiff was diagnosed as having been subject to treatment due to the depression of the body in the form of thropical health disorder, the abnormal ethic typology, the acute stress response, and the stress disorder in the workplace in which he was employed.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 7 (including each number, if any) and the purport of whole pleadings

2. The assertion and judgment

A. The defendant's summary of the plaintiff's claim had suffered a considerable physical and mental pain due to the defendant's crime of this case, and the defendant shall pay consolation money of KRW 100 million and delay damages to the plaintiff.

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