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(영문) 창원지방법원 2015.02.04 2014가단76987

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 2, 2011, the Plaintiff visited a National Assembly member of the Department B operated by the Defendant to undergo the above-mentioned and the internal border inspection.

B. On the day of the above medical examination and treatment, the Plaintiff resisted the request for approval of the inspection expenses, and took a bath to nurses and waiting patients, used the telephone machine without permission, and obstructed the Defendant’s hospital business by force, such as the power to shots inside the hospital. The Plaintiff was indicted on August 19, 201, and the Plaintiff filed a request for formal trial with the court 201 fixed-term2145 against the above summary order.

C. In the above formal trial, the court rendered a judgment of suspended sentence to the Plaintiff on June 14, 2012, as evidence, on the criminal facts that the Plaintiff interfered with the Defendant’s hospital business by force over 2 hours in the manner of causing disturbance, including the Plaintiff’s partial statement in court and the Defendant’s legal statement, etc., on the following grounds: (a) from 15:0 to 17:00 on the same day when there was a conflict between the Plaintiff and the nurse’s opinions on the medical examination and treatment day approval; (b) the Plaintiff was sprinked in the mouth sprinking machine; and (c) the nurse “sprinking, sprinking, and sprinking” to the nurse; and (d) the Defendant’s legal statement.

Accordingly, the Defendant dissatisfied with the above judgment and appealed to this Court No. 2012No176. The appellate court rendered a judgment of not guilty against the Plaintiff on March 15, 2013 on the ground that it is difficult for the first instance court to believe that the Defendant’s statement, which was the primary basis of conviction, is the evidence of conviction, and there is no other evidence.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant alleged that the Plaintiff filed a false complaint with intent to have the Plaintiff subject to criminal punishment or inflict pain on the Plaintiff, and at the same time, committed unlawful acts, such as going to the court as a witness and perjury, thereby causing damage to the Plaintiff. Therefore, the Defendant suffered damage from the above unlawful acts.