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(영문) 서울고등법원 2015.09.22 2015나2009705

손해배상(기)

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, part of the following shall be cut:

2. Parts to be dried;

(a) The part of the first instance court’s 8th instance judgment, 2nd 8th 2th 2th 2th 3th 5th 5th 5th 5th 5th 5th 5th 5th 6th 5th 6

B. On the 7th end of the judgment of the court of first instance, “( insofar as the act in the investigation process is recognized as tort, no separate determination is made as to the plaintiffs’ assertion on the tort in the trial process)” is added to the end of the 9th instance judgment, and the part of the 9th to 10th 6th x 2th 2

(a) by striking sub-paragraph (3).

(c)under 10 pages 16 of the first instance court judgment, the following seven evidence “A No. 16” shall be added to “A No. 6-2, A No. 13, 14, and 16.”

On the 11th judgment of the first instance court, the parts from 4 to 12 pages below shall be dried as follows:

Since a public prosecution was instituted on the basis of the evidence illegally collected by investigators belonging to the defendant against the deceased, such as illegal arrest and confinement, and the judgment of conviction was rendered by the Revolution Court, the defendant is liable to compensate for consolation money for mental damage suffered by the deceased due to the above unlawful act, barring any special circumstance.

3. The decision of the first instance court on the conclusion is justifiable.

All appeals by the plaintiffs and the defendant are dismissed.