beta
(영문) 의정부지방법원고양지원 2020.02.12 2018가단79137

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 9, 2015, the Plaintiff reported the Defendant to the police as follows (hereinafter “instant suspected facts”).

Around 08:30 on August 9, 2015, the Defendant issued a decision on “non-suspected suspicion” on the grounds that the appraisal results of the instant suspicion, such as the Plaintiff’s panty, the Defendant’s panty, and the other amount detected from the sexual flag, are different from the Plaintiff’s initial statement, rather than coincide with the Defendant’s statement, on the grounds that the Plaintiff reversed the Plaintiff’s statement on the background of the occurrence of the instant case, etc.

Since then, the plaintiff was prosecuted as the facts charged that he did not dismiss the defendant (Seoul District Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's 8 months of imprisonment with prison labor and sentenced the plaintiff to eight months of imprisonment

Accordingly, the Plaintiff appealed (the District Court Decision 2017No2429). On November 21, 2017, the appellate court rendered a judgment of innocence on the grounds that it is difficult to deem the suspicion of false accusation to have been proven without reasonable doubt. The prosecutor’s appeal against it was dismissed, and the judgment of innocence became final and conclusive on March 13, 2018.

(Supreme Court Decision 2017Do20631). On the other hand, on August 21, 2017, 2017, after the judgment of conviction of the first instance court with respect to an accusation, the Plaintiff received an agreement and a written application for non-compliance with punishment, stating that “The Plaintiff paid KRW 6 million to the Defendant and received KRW 6 million with respect to an accusation case 2016Da2095, and only agreed by the Defendant, thereby not wanting to be punished.”

The agreement of this case is referred to as "the agreement of this case," and the above 6 million won is referred to as "the agreement of this case."

(ii) [In the absence of dispute over the basis of recognition, entry of Gap 3 to 7 and Eul 1 and 2, the purport of the whole pleadings;

2. Determination:

A. The plaintiff's assertion.