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(영문) 서울고등법원 2021.02.18 2020누49111

학교폭력가해학생처분취소

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

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

Reasons

In the first instance court, the plaintiff sought revocation of each disposition stated in the attached Form 1 List against the plaintiff.

However, the judgment of the first instance rejected the claim for revocation of the previous disposition No. 2, No. 1, the attached Table 1, among the instant lawsuit, and dismissed all the Plaintiff’s claim on each disposition of the above disposition No. 1, 3, No. 1, and 3.

As to this, only the plaintiff appealed against the part on the 3-year re-disposition of the attached disposition No. 1 among the judgment of the first instance, the object of the judgment of this court is limited to the part against which the plaintiff is dissatisfied.

2. The reasoning of this court for the acceptance of the judgment of the court of first instance is as follows: (a) from the second to the fourth parallel of the judgment of first instance to the fourth parallel of the 8th parallel of the 10th parallel of the 10th parallel to the 11th parallel of the 15th parallel to the 11th parallel of the 18th parallel of the 15th parallel to the 11th parallel of the 18th parallel of the 15th parallel [Article 1, 3-A. 2), 3-b, and 3-D of the 15th parallel of the 18th parallel of the 18th parallel of the 15th parallel; (b) therefore, it is accepted as it is in accordance with Article 8(2) of the Administrative Litigation Act, the main sentence of Article 420 of the Civil Procedure Act (the grounds for the plaintiff's appeal at the court of first instance did not differ from the contents asserted by the plaintiff at the court of first instance.

B even if examining all B, it is reasonable to recognize and determine the facts of the first instance judgment rejecting the Plaintiff’s assertion regarding the period of 3 years in the list of Disposition No. 1 attached hereto. 3. Thus, the first instance judgment is justifiable. Thus, the Plaintiff’s appeal is dismissed as it is without merit.