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(영문) 서울동부지방법원 2018.08.23 2013가합18279

손해배상(위자료)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Defendant A’s position as the parties is from G to H, Defendant B is from C to P, Defendant C is Q from P to P, Defendant D is the head of the National Intelligence Service (hereinafter “National Intelligence Service”) from R to P from P, Defendant E is the NIS V from U to S police, and Defendant F is the employee of the NIS TW from W to X.

B. Defendant B, D, E, and F’s political participation and election campaign crime (1) Defendant F, etc. employees of the NIS TY Team received orders from Defendant D, E, and election campaign-related officers from Defendant F to Defendant B, and committed a crime of gathering opinions against Defendant B, and political participation and election campaign-related officers from February 2, 2009 to December 2012.

On August 30, 2017, the Seoul High Court found Defendant B, D, and E guilty of violating the National Intelligence Service Act and violating the Public Official Election Act (Seoul High Court 2015No1998) at the Seoul High Court on August 30, 2017, and the Supreme Court finally dismissed the Defendants’ appeal on April 19, 2018.

(Supreme Court Decision 2017Do14322). Meanwhile, around June 2013, Defendant F was suspended from indictment on the grounds that Defendant B was an offense according to Defendant B’s instructions.

C. (1) On December 11, 2012, immediately before the judgment of innocence against Defendant C, the election commission employees and the police officers of the Seoul Western Police Station, etc. were dispatched to the officetels in which Defendant F reside after receiving a public official’s report on the opening of the election. However, the case where Defendant F opened the entrance in this frame without opening the entrance.

(2) As to the investigation of the instant case around June 2013, Defendant C did not know of the results of digital evidence analysis in relation to the writing written by Defendant F’s ID, her clinic, etc., and conducted a false investigation.