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(영문) 광주고등법원(전주) 2017.07.10 2016누1955

상이처일부인정거부처분취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the parts described in paragraph (2) below, and thus, the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts to be dried;

A. On the 4th page of the judgment of the court of first instance, the head of the first instance will also delete from the 12th page.

B. According to the fourth sentence of the first instance judgment, the first sentence “no evidence exists” in the first sentence to the fifth through the fifth sentence shall be followed as follows.

【The statements of evidence No. 23 and the testimony of the witness C are difficult to believe them as they are, and the above facts of evidence No. 10 through 12, Gap evidence No. 15 through 21, and the images of evidence No. 25 (including the number of pages) are insufficient to recognize that the plaintiff suffered the difference in the instant case in the performance of military duties, and there is no other evidence to prove them otherwise.】

C. On the 5th page of the judgment of the court of first instance, the 5th page " shall not look at" as follows.

【As can not be seen, there is no proximate causal relation between the Mata and Assault, which was caused by two superiors, and the Mata and Mana Nos. 12, 22, 13, and 23.

D. On the 5th page of the first instance judgment, the first instance judgment "shall not constitute a cause" shall be followed as follows.

【Inasmuch as there is no cause, there is no proximate causal relation between Mata and Mata-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal of this case is dismissed as it is without merit. It is so decided as per Disposition.