2019 Ghana 100613 damages (ar)

A

Attorney Kim Young-chul, Counsel for the defendant-appellant

B

June 26, 2019

August 21, 2019

1. The defendant shall pay to the plaintiff 4,00,000 won with 5% interest per annum from April 23, 2018 to August 21, 2019, and 12% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 90% is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 30,00,100 won with 5% interest per annum from April 23, 2018 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

1. Facts of recognition;

According to Gap evidence Nos. 1, 2, and 5, the defendant is found to have been charged with sending text messages to the plaintiff several times, which may cause sexual humiliation or aversion using mobile phones as follows, (the defendant stated in the facts of crime refers to "the defendant", "the victim", and "the plaintiff). It is recognized that the defendant was sentenced to a fine of three million won as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communication media) from this court on February 15, 2019.

On April 23, 2018, the Defendant sent text messages to the victim’s cell phone using the Defendant’s cell phone to satisfy his own sexual desire at around 01:54 on April 23, 2018, and “................... (the Defendant sent text messages to the victim’s cell phone using the Defendant’s cell phone for the purpose of meeting his own sexual desire at the above place:53, the Defendant sent text messages to the victim’s cell phone with a view to meeting his body’s sexual desire at around 02:53 on the same day, the Defendant sent text messages to the victim’s cell phone with a view to meeting his/her sexual desire: (a) the victim’s cell phone using the Defendant’s cell phone; (b) the Defendant sent the victim’s cell phone with a view to meeting his/her sexual desire; and (c) the Defendant sent the victim’s sexual humiliation at around 30:30,030,370:30 of the same text messages.

2. Determination on the cause of the claim

According to the facts found above, since the plaintiff, the victim of the crime of this case, was clearly suffering from considerable mental suffering in light of the empirical rule, the defendant is responsible for compensating the plaintiff for the mental suffering suffered by the plaintiff. Furthermore, considering the health class, relationship between the defendant and the plaintiff, the relationship between the plaintiff and the plaintiff, the age of the plaintiff and the defendant, the background leading to the crime of this case, the details of text messages, the period and frequency of sending text messages, the degree of criminal punishment, etc., the defendant should pay 4 million won as consolation money to the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff 4 million won and the damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from April 23, 2018 to August 21, 2019, which is the date of the instant judgment, and 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

Conclusion

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

Judge Final Prosecutor