감봉3월처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The grounds for the defendant's assertion in the court of first instance while filing an appeal are not significantly different from the allegations in the court of first instance. Thus, the fact-finding and determination in the court of first instance are deemed legitimate even if considering both the entries in the evidence of No. 19 and No. 22 submitted in the court of first instance and the arguments in the court of first instance.
Therefore, the reasoning for the judgment of the court concerning this case is that the reasoning for the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding a supplementary judgment as to the assertion that the plaintiff emphasizes in the trial of the court of first instance.
2. Supplementary determination is that the Plaintiff breached its duty of care required for an average police officer subject to the Plaintiff’s duty of care to distribute ball cartridgess and recover carbon in shooting training, and thus, cannot be deemed to have violated its duty of care. The part of the grounds for disciplinary action that “the signature of the 20th supervisor was formally signed on the certificate of recovery of carbon” cannot be a ground for disciplinary action as it misleads the subject of the duty of care. At the time of shooting training in this case, “the number of carbon scams and confirm the number of carbon scams” cannot be deemed to have violated its duty of care, and thus, the Plaintiff’s violation of the duty of care cannot be deemed to not constitute an act of injury to dignity.
However, in full view of the following facts and circumstances that can be recognized by comprehensively taking account of the descriptions of Gap's evidence Nos. 3-9, 15, Eul evidence Nos. 12-20, and 33 as well as the overall purport of oral arguments, the plaintiff was in charge of the recovery, etc. of carbon in a three-dimensional situation immediately after the previous location of a firearms station, and thus, he should have prevented the possibility of leakage of live bullets by faithfully performing his duties, such as thoroughly checking the number of carbon emissions.