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(영문) 의정부지방법원 2014.12.11 2014가합7213
손해배상(기)
Text

1.(a)

Plaintiff

A, Defendant C, and E respectively, KRW 97,202,698, and Defendant D, respectively, shall be 85,202, out of 85,202.

Reasons

Basic Facts

The Defendants: (a) around 19:50 on March 10, 2012, at G main points located in Spocheon City F, and (b) on the grounds that Plaintiff A brea under the influence of alcohol drinked and took a bath for their drinking, and (c) Defendant D boomed the Plaintiff’s arms out of the main points of the Plaintiff A and pushed the Plaintiff’s arms, leading the Plaintiff to the outside of the main point of the Plaintiff, and then pushed the said Plaintiff’s arms, and b) the said Plaintiff’s hair and body part of the Plaintiff’s head and body part of the Plaintiff’s body, which is going beyond the main point of the Plaintiff’s drinking, and Defendant E and C were able to take part of the head and body part of the said Plaintiff’s above Plaintiff’s head and body part of the drinking house, respectively, and caused injury to the said Plaintiff, such as gale damage, etc. which requires approximately eight weeks medical treatment.

(2) On February 20, 2013, Defendant D was sentenced to a suspended sentence of two years and one-year community service, Defendant E, and C to a suspended sentence of two years (No. 2012Gadan3080), and the Prosecutor appealed against the above judgment on April 23, 2014 (No. 2013No633), and the above judgment became final and conclusive around that time.

The plaintiffs are married couple.

[Ground of recognition] The facts established in a criminal court's final and conclusive judgment as to the same factual basis are significant evidence, barring special circumstances where it is difficult to adopt a criminal trial's factual judgment in light of other evidence submitted in a civil trial (see, e.g., Supreme Court Decision 97Da24276, Sept. 30, 1997). According to the criminal facts established in a criminal judgment related to the instant case, according to the criminal facts established in the relevant criminal judgment, the Defendants jointly share around March 10, 2012.

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