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(영문) 광주지방법원 순천지원 2018.07.04 2018가단70780

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the claim for damages caused by an accusation

A. Although the Plaintiff’s assertion did not commit an indecent act by compulsion or confinement of the Defendant, the Defendant made a false accusation against the Plaintiff that the Plaintiff detained the Defendant by indecent act by compulsion for the purpose of criminal punishment, and thus, the Defendant shall compensate the Plaintiff for the damages inflicted on the Plaintiff.

B. (1) According to each of the statements in Gap evidence 1, 2 and Eul evidence 1 (including each number), the following facts are recognized:

(A) On June 22, 2015, the Defendant filed a complaint against the Plaintiff on charges of indecent act by compulsion and confinement, stating that “(i) the Plaintiff went away from clothes at the Plaintiff’s house on April 27, 2015, with the Plaintiff’s sprinking sprinks and bucks, and (ii) on June 17, 2015, the Plaintiff went away from the Manyang’s C restaurant to the instant house after the Plaintiff’s meals. However, at the sprink, the Defendant escaped from the sprink to the Plaintiff’s seat.”

(B) On December 16, 2015, the Plaintiff was subject to a non-prosecution disposition by the prosecutor on the grounds of the lack of evidence with respect to the charge of the above confinement.

(C) On July 27, 2016, the Plaintiff was convicted of not guilty on the grounds that “the evidence submitted by the prosecutor alone is insufficient to deem the facts charged to the extent that there is no reasonable doubt,” and the Prosecutor’s appeal and final appeal were all dismissed, and the judgment became final and conclusive.

(2) The prosecutor’s non-guilty disposition or the court’s judgment of innocence on the grounds of lack of proof of any criminal facts does not immediately lead to the proof of non-existence of the relevant criminal facts.

Each entry of Gap 1, 2, 7 through 15, and Eul 1 (including each number) is false for the defendant.