logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.26 2016누47842
난민불인정결정취소
Text

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.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, except for the rejection of each description of evidence Nos. 8 through 12, which is insufficient to acknowledge the plaintiff’s assertion as evidence for adding the following judgments and additionally submitted in the court of first instance, and thus, it is identical to the part of the reasons for the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

Even according to the statement of evidence No. 7, the Plaintiff was indicted for committing murder with another perpetrator after gathering murder in advance and committing the death of the victim during the demonstration (see, e.g., evidence No. 15). Therefore, it is difficult to deem that the Plaintiff was indicted for committing murder solely on the ground that the Plaintiff participated in the demonstration as a member of the NAP as alleged by the Plaintiff. Therefore, even if the Plaintiff was indicted for committing murder at Bangladesh, this is merely a criminal offense that occurred during the demonstration, and even if the Plaintiff returned to his own country, it seems to be a matter that can be resolved by the judicial system of Bangladesh, and there is no other evidence to deem that the Plaintiff might be at risk of homicide, such as being disadvantaged in criminal judicial proceedings, solely on the ground that the Plaintiff is a NP member.”

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow