2010Na30166 Compensation (as such)

1. A;

B

C. C.

丁

5. 戊

[Plaintiff-Appellant] Plaintiff ○○○○○

○○, ○○, and ○

Korea

Representative of Law ○○○○

Litigation performer ○○○

Law Firm ○○○○

Attorney OOO, OO, OO,O,OO

Seoul Central District Court Decision 2007Gahap31728 Decided February 3, 2010

May 28, 2013

August 22, 2013

1. Of the judgment of the court of first instance, the part of the judgment against the defendant ordering the defendant to pay 150,000,000 won and 20% interest per annum from May 28, 2013 to the day of full payment, which is against the defendant, shall be revoked, and each of the above plaintiffs' claims corresponding to the revoked part shall be dismissed.

2. 제1심 판결 중 원고 丙, 丁, 戊에 대한 피고 패소부분을 취소하고, 위 취소부분에 해당하는 위 원고들의 청구를 모두 기각한다 .

3. The defendant's remaining appeals against the plaintiff A and B are dismissed.

4. 원고 甲, 乙과 피고 사이의 소송총비용 중 1 / 5은 위 원고들이, 나머지는 피고가 각 부담하고, 원고 丙, 丁, 戊와 피고 사이의 소송총비용은 위 원고들이 부담한다 .

1. Purport of claim

피고는 원고 甲, 乙에게 각 금 500, 000, 000원, 원고 丙, 丁, 戊에게 각 금 50, 000, 000

As to the original and each of the above amounts, the next day of the delivery of a copy of the complaint of this case to the day of complete payment.

20% Payment shall be made in 20% interest.

2. Purport of appeal

In the judgment of the first instance court, the part against the defendant shall be revoked, and all plaintiffs' claims corresponding to the revocation shall be revoked

The dismissal is dismissed.

1. Basic facts

A. On September 28, 1983, Hu○○○○○ (hereinafter referred to as “the Deceased”) entered the army and military service relations (1) Hu○○○○○○ (hereinafter referred to as “the Deceased”) with the Army Supplementary Team, and was bound by the Army Group Joint ○○○○○○○ on November 13, 1983. (2) The Deceased first worked as an an anthrady worker after being placed in the chemical prosecution unit, but he was in charge of the former tasks at the Central Headquarters from February 4, 1984.

B. Death of the Deceased

On April 2, 1984: around 50, the Deceased was found to have been found to have been concealed by suffering approximately 50 meters away from the top of the central headquarters, from approximately 50 meters to the south, from the rear, 2 head and 1 head on the chest (hereinafter referred to as the “accident”).

C. As a result of the investigation by the military investigation agency, the military police officer of the Army Group of 00 on April 24, 1984; the military police officer of the Jeju Army Group of 00 on April 30, 1984; the military police officer of the first group on May 1, 1984, each deceased committed suicide; and the military police officer of the first group on February 1, 1984 determined that the Army Investigation Division of the Army Headquarters of around February 1990 again investigated the instant accident on March 3, 1995, but all the deceased committed suicide. (2) The main contents of the investigation conducted by the military investigation agency of the instant accident were as follows; (a) The deceased's suicide motive was committed by assault and violence among the members of the ordinary military register; (b) the deceased's military police officer of the first group was 000 military police officers, and (c) 190 military police officers were able to make a serious change in his position on the ground that he was able to perform his duty.

(B) Action before suicide

On April 2, 1984, at around 09: 50 : (a) around 50, the Deceased laid her Ma16 guns and 30 ball cartridgess (2 shots) in the gun storage unit adjacent to the inner base situation room, and (b) the Deceased got out of approximately 50 meters south of the center. (c) The Deceased’s suicide method was 1 to the Ma16 small guns, and 1 to the ma16 small guns, her upper cover part of the gun, her upper cover part, her upper cover was sealed into the upper right chest, and her suicide was attempted with the left hand hand in the old part, and she was found to have been tight, but she did not have any location on the upper left hand of the deceased, and she did not have any her upper part. The Deceased did not have any her upper part and her upper part of the gun.

D. On December 28, 2000, on the investigation and announcement (1) of the result of the survey by the medical examination committee for the questioning and examination of the deceased (hereinafter referred to as the "medical examination committee") (hereinafter referred to as the "medical examination committee") announced the results of the interim investigation on August 20, 202 that the plaintiff A, the father of the deceased, received the truth of the accident of this case from the plaintiff A, and started the investigation, and announced the result of the final investigation on September 10, 2002 that the deceased was killed, and again announced the result of the final investigation on September 10, 202 that the accident of this case was killed. However, on the grounds that it is difficult to recognize that the deceased died due to the exercise of the illegal public authority, but died in relation to the democratization movement, the plaintiff A's authentic investigation was dismissed, and the plaintiff A recommended independent and neutral organizations to be exclusively in charge of the military investigation were to be established in the country.

(3) The main contents of the investigation of the instant accident are as follows. (A) On April 1, 1984, 21:0 to April 21, 1984, 200:02:0:00 to April 22:02: 00:00, at the middle office located within the headquarters within the headquarters of the central headquarters, the C/C and the 19th B/C were used to reduce the promotion of the third middle c/C, which is the third c/C, at the middle office located within the headquarters of the central headquarters.

The deceased, who was his predecessor, was able to take the place with the dysium. The deceased was able to take place with the dysium, such as preparation of the dysium, and on the ground that the dysium was poor in the dysium, the deceased was able to take the dysium together with the d

(B) At the 0th place where a firearms accident occurred, the 16th place was 0 strings of the deceased, where he was under the influence of alcohol, and the 1strings of the 16th place, where the strings were inserted and the strings were boomed. The 4thrings of the deceased, who was waiting in front of the 20th string, was able to stop the 1strings of the 20th strings, and 1strings of the 1strings of the 20th strings of the 1strings of the 1strings of the 1strings of the 2ndings of the 1strings, and the deceased was 1strings of the 1strings of the 2ndrings of the 1strings of the 2ndrings of the 1strings of the 2ndrings of the 1strings of the deceased, and 2ndings of the deceased’s of the death.

E. On August 26, 2002, the Ministry of National Defense (Ministry of National Defense) conducted an interim investigation by the Maritime Affairs and Ministry of National Defense, based on the results of the interim investigation by the Maritime Affairs and Fisheries, constituted a special investigation group (hereinafter “special investigation group”) and started an reexamination of the instant accident on October 29, 2002. On October 28, 2002, the Ministry of National Defense announced the results of the interim investigation to the effect that the deceased committed suicide again.

F. On the other hand, the results of the re-audit and announcement of the Council's history (1), after the announcement of the results of the special coordination group's investigation, the conflict between the Council's will and the special coordination began to arise. The Board of Audit and Inspection continued to dispute over the truth of the case, such as punishment for the confirmation investigation.

(2) On September 25, 2003, Plaintiff A decided to resume the investigation into the instant accident on October 14, 2003, and re-examine the case by organizing a new investigation team. (3) On June 28, 2004, Plaintiff A again announced that the deceased had been examined in the same manner as the result of the investigation of the first written apology. However, on the grounds that it cannot be determined whether the death of the deceased was related to democratization movement, it was impossible to ascertain the truth.

G. The relationship between the deceased and the plaintiffs

원고 甲, 乙은 망인의 부모, 원고 丙, 丁, 戊는 망인의 형제자매들이다 .

【Unsatched Facts, Gap’s evidence 1, 2-1 through 3, Gap’s evidence 4 through 8, Gap’s evidence 9-5, 8, 278, Gap’s evidence 10-11, 12, 14, 159, 177, and 178, and the purport of the whole pleadings;

A. The plaintiffs

The Deceased died (the death by death by a soldier belonging to the Defendant or by negligence of a soldier belonging to the Defendant) not by suicide within the military unit, but by any other person, in the same circumstance as the result of the investigation of a doctor’s death or in whatever circumstances such as the reasons for the judgment of the first instance court and the reasons for the judgment, etc., and the Defendant shall be liable for tort

In addition, the military unit members, such as military police units, etc., have concealed the case by falsely reporting the deceased's death to the upper part, and the military investigation agencies, such as military police units, and special assistance groups, have dealt with the case of suicide by intentionally concealing and manipulating the truth in the course of investigating the accident of this case. This private person's concealment and manipulation constitutes tort, and thus, the defendant is obliged to compensate the plaintiffs for the damages suffered by the plaintiffs.

B. The Defendant: (a) voluntarily launched one Ma16 small guns on each part of the Ma16 small guns on the part of the unit in which the Deceased was affiliated with the deceased; and (b) committed suicide by launching a small gun on each part of the two parts; and (c) there was a conclusion that the unit, such as the First Lieutenant, military investigation agencies, and special group did not conceal or manipulate the truth of the instant accident, and that the deceased committed suicide by conducting an investigation in good faith. Therefore, the Defendant is not liable for damages.

3. Determination as to the assertion that the deceased died due to causes other than suicide (the death or death by accident)

A. The accident in this case occurred in about 30 years before 1984, and thereafter 10 times thereafter, the accident was investigated by the military investigation agency, questioning officer, and special group. At the time of such investigation, there are many doubtful questions about credibility, including the testimony of the unit members of the deceased and the unit members of the investigation agency, which were collected directly or indirectly during the investigation process, but the evidence of the testimony was collected, such as autopsy data, field photo, and field photo, which are inconsistent with each other. Despite the fact that there were several questions at the time of the investigation by the military police unit after the accident in this case, the field photo was not sufficiently taken, and there was no sufficient investigation by the relevant persons. Despite the fact that there were several questions at the time of the investigation by the military police unit, there was no thorough observation and analysis in preparation for various possibilities at the time of the autopsy, the re-investigation was filed within 18 years after the accident in this case, and it was filed within 200 years after the accident in this case and 30 years after the accident in this case.

In such a situation, it is difficult to clarify all the substantial truth related to the accident of this case, such as the motive, place, time, and time of the accident of this case, the situation in which firearms were emitted, the reason why the deceased was damaged by the third unit, the time and contents of the report and measures taken by the unit to which the deceased belongs after the accident of this case, and the accuracy of the investigation into the accident of this case by the military police unit, etc. Therefore, the fact-finding is revealed mainly based on the key issues related to the accident of this case. If the accident of this case focuses on the determination of whether the deceased was suicide of the deceased, and if the accident of this case is not suicide, it shall be deemed that the accident of this case is the most GOP unit and the general public access is impossible.

In addition, the determination of whether the instant accident was caused by the suicide of the Deceased is based on the legal review of objective data, such as the result of autopsy, on-site photographs, the body condition of the Deceased, and the characteristics of M16 small guns, and whether the evidence of the statement was written in the protocol or the statement, etc., whether there are other factors that affect the voluntariness and accuracy of the statement, such as the reversal of the statement, the reason for the reversal and the question of guidance, and whether there are other factors that may affect the voluntariness and accuracy of the statement, and as such, it is reasonable to consider it as the basis for fact-finding after going through the determination of the credibility of the statement, such as whether there is a circumstance to ensure the accuracy of the statement

On the other hand, after examining the dead’s body condition, legal opinion on it, and the situation before and after the accident of this case, I would like to classify various arguments and evidence to presume that the accident of this case was caused by the suicide of the deceased, and various arguments and evidence to presume that the accident of this case was caused by the cause other than suicide of the deceased, and examine what logical and rational explanation is based on the empirical rule, referring to the legal opinion and the situation before and after the accident of this case.

나. 망인의 사체 상태와 이에 대한 법의학적 소견 ( 1 ) 망인의 사체에 난 상처 등 ( 가 ) 오른쪽 흉부 총상 사입구는 오른쪽 젖꼭지에서 4시 방향으로 약 5cm 지점에 약 0. 7㎝의 크기로 형성되어 있고 사입구 주위에 5. 5×3㎝의 피하출혈이 있고 매연 ( 그을음 ) 과 소륜 ( 피부가 타들어간 흔적을 말한다 ) 이 존재하며, 사체 발견 당시 검붉은색을 띠고 있었다. 사출구는 오른쪽 흉부 뒤쪽의 제8번과 9번 갈비뼈 사이에서 근육간 출혈이 동반된 3. 5×1. 5㎝의 크기로 형성되어 있으며, 총알이 흉부를 관통하는 과정에서 오른쪽 제5번과 6번 갈비뼈 연골 부분을 중심으로 그 주변으로 갈비뼈 사이 근육내 출혈이 발생하였고, 연이어 오른쪽 폐장 하엽과 횡격막의 파열, 간장의 앞쪽 중앙 상부 10×8㎝의 불규칙한 파열이 순차적으로 이루어졌다. 사입구와 사출구는 거의 수평을 이루면서 오른쪽 가슴에서 오른쪽 겨드랑이 방향으로 총알이 관통된 형상을 보이고 있다. 흉강 내에는 응혈이 혼재된 혈액의 저류가 보이고 복강 내에서도 혈액의 저류가 보인다 . ( 나 ) 왼쪽 흉부 총상 사입구는 왼쪽 젖꼭지에서 9 ~ 10시 방향으로 약 7㎝ 지점에 약 0. 7㎝의 크기로 형성되어 있고 사입구 주위에 6. 5×4. 5㎝ 크기의 피하출혈 및 매연이 존재하며 사체가 발견될 당시 선홍색1 ) 을 띠고 있었다. 사출구는 왼쪽 흉부 뒤쪽의 제6번 갈비뼈 부근에서 근육간 출혈 및 표피박탈을 동반하여 3×3. 5㎝의 크기로 형성되어 있으며, 총알이 흉부를 관통하는 과정에서 왼쪽 제4번과 5번 갈비뼈 연골 부분을 중심으로 그 주변으로 갈비뼈 사이 근육내 출혈이 발생하였고 왼쪽 폐장 하단이 파열되었다. 사입구와 사출구는 거의 수평을 이루면서 왼쪽 가슴에서 왼쪽 겨드랑이 방향으로 총알이 관통된 형상을 보이고 있다. 흉강 내에는 응혈이 혼재된 혈액의 저류가 보인다. 오른쪽 흉부 총상과 왼쪽 흉부 총상으로 인한 각 근육내 출혈은 비교적 균등하였다 . ( 다 ) 두부 총상 사입구는 오른쪽 전두부에 십자형으로 8. 5×5㎝ 크기로 형성되어 있고 사입구 주위의 피부가 밖으로 찢어져 나와 있으며 사입구 주위 조직에 매연이 묻어 있고, 사입구 표피 안의 두개골에 화약흔이 존재한다. 왼쪽 전두부 및 두정부 쪽으로 광범위한 두개골 복잡골절 및 파열이 있고 대뇌조직이 심하게 파괴되어 있으며 사출구는 14×8 c㎝ 크기로 사출구 쪽 두부가 거의 개방되어 있다 . ( 라 ) 그 외의 상처

망인의 왼손 엄지와 검지 사이 부분에 피부가 2. 8×1. 5cm 크기로 파열되어 있는데, 상처 주위에 다량의 매연이 묻어 있다. 위 매연은 총창에서 검지 방향으로는 진하게 형성되어 있고, 엄지 방향으로는 비교적 연하게 형성되어 있으나 엄지와 검지 손가락 전체에 형성되어 있지 않고 일부에만 있다. 또 왼쪽 손목 안쪽에 발적흔 ( 發赤夷 ) 이 있는데 이 상처는 엄지와 검지 사이를 중심으로 시작하여 관절을 향하면서 일직선 형태로 나 있으며 윗부분으로 갈수록 점차 색깔이 흐려지고 있고, 왼쪽 손목 바깥쪽으로는 외상이 없다 .

( 마 ) 기타 사항 당시 부검 사진상 망인의 좌측 흉강에 고여 있는 피는 약 300 ~ 400cc 정도 되고 위장 내에 700cc 가량의 황백색 액체 내용물이 있다. 사체 발견 당시 망인이 입고 있던 야전 상의에는 왼쪽 흉부 총상 사입구 주위에 M16 소총의 소염기로부터 뿜어나온 것으로 보이는 방사 ( 放射 ) 형의 화약흔이 묻어 있으며, 오른쪽 흉부 총상 사입구 주위에도 다량의 화약흔이 묻어 있고 옷이 찢어져 있으며, 등 부위에 있는 2개의 사출구 주위에는 피가 배어 있고, 야전 상의 허리 부분에 띠 모양으로 피가 배어 있다 . ( 2 ) 망인의 사체에 대한 법의학적 소견 ( 가 ) 의문사위의 법의학 소견 청취 및 특조단의 법의학자 대토론회 1 ) 의문사위에서는 망인의 사체 부검의인 이를 비롯하여 해외 법의학자인 ㅈ , 치로부터 망인의 사체 부검사진 및 자료를 제공하고 법의학적 소견을 들었고, 특조단은 2002. 11. 25. 이 사건 사고에 관한 법의학자 대토론회를 개최하였는데 국내 법의 학자인 ㅋ, ㅌ, ㅍ, ㅎ, A, B, C 등이 토론자로 참가하였다 . 2 ) 법의학자 대토론회에서 이 사건 사고에 관해서 주로 논의가 된 법의학적 쟁점은 ① M16 소총으로 3발을 위 상처 부위에 각 발사하여 자살하는 것이 법의학적으로 가능한지 여부, ② 3발의 총상이 발생한 순서 및 그 시간적 간격, ③ 왼쪽 엄지와 검지 사이에 난 파열상이 총구를 손으로 지지한 상태에서 총이 발사되어 생긴 찰과총 창인지 또는 다른 사람의 공격을 방어하다가 생긴 방어흔인지 여부, ④ 왼쪽 손목 안쪽에 나 있는 발적흔이 개머리판 등으로 맞아서 생긴 피하출혈인지 또는 총이 발사될 때 입은 열상인지 여부, ⑤ 오른쪽 흉부에 형성된 사입구는 검붉은색을, 왼쪽 흉부에 형성된 사입구는 선홍색을 띠고 있는데, 이러한 색깔 차이가 총상이 발생한 시간의 차이에 의한 것인지 또는 발사 거리의 차이에 의한 것인지 여부, ⑥ 망인의 사체가 이동되었는지 여부 등이었다 .

( 3 ) 위 토론회에서 국내외 법의학자들은 세 군데의 총상에 매연 부착이 있는 점을 근거로 하여 모두가 접사 또는 근접사에 의한 관통총창이라는 점에서는 의견이 일치하였으며, ㅍ, A, ㅋ, ㅎ, B는 자살 의견을 내었고, E는 현장의 망인 상태가 전혀 훼손되지 않은 상태라면 자살로 보는 것이 마땅하지만 그렇지 않기 때문에 자살이라고 단정하기 어렵다는 의견을 제시하였다 .

(b) Other legal opinions are as follows:

1 ) ㅎ 교수 ( 감정인 ㅎ 작성의 감정서, 증인 ㅎ의 증언 ) 두부 총창과 흉부 총창 중 어느 총상이 먼저 발생하였는지 여부는 판단할 수 없으나 세 군데 모두 생활반응이 관찰되는 것으로 보아 비교적 짧은 시간 내에 두부와 흉부에 총창을 입은 것으로 판단된다. 두부 총창에 대하여 부검감정서에 광범위한 전두개골 골절과 대뇌 실질의 파괴로 되어 있는데 뇌실질 파괴는 의식소실과 운동력 상실을 초래하기 때문에 두부 총상 후에는 다시 흉부에 총창을 가할 수 없으며, 수 분내에 사망할 것으로 추정된다. 흉부 총상 2발이 먼저 발생하였을 경우 최장 생존시간은 총창 부위로부터 혈액이 유출되는 속도와 이를 최소화하기 위한 인체의 생리적 기능의 함수관계로 결정되는데 생리적 기능은 개인에 따라 차이가 있기 때문에 예측이 어렵다 .

Since there is a living reaction in both the world's total floor, it shall be deemed that all occur at the time of survival, and there is no possibility of an ex post facto occurrence. As a result, it is common view that blood flows out of body under severe force and can be generated if strong external strength is performed within a few hours after death in the medical subject of law, and if the blood flows out by heavy force, it is generally stated that the blood dose is a small amount of alcohol if it is not damaged by heavy power.

The color difference on both chests may vary due to the difference between i) the degree of intensity, such as flames, fluoring, fluoring, fluoring, and fluoring, and ii) or fluoring due to the difference in the dry condition, but the color change has occurred due to the time difference.

Since the contents can not be found in any legal medicine book, it is not the reason.

왼손에 있는 피부 파열은 접선총창 ( 총알이 피부를 스치고 지나갈 때 피하조직까지 침범하여 피부가 찢어지거나 파열되는 손상 ) 으로 보이며, 엄지와 검지 사이에 부착된 매연 ( 또한 ㅎ 작성의 감정서 중 첨부 사진 13 - 2 및 13 - 3을 보면 왼쪽 손등 쪽에는 매연 부착이 보이나 손바닥 쪽으로는 매연 부착이 보이지 않는다 ) 은 소염기 틈새에서 분출된 매연으로 형성되었는데 검지 쪽 피부의 매연부착이 엄지쪽의 매연 부착보다 진한 것은 엄지 쪽에 향해 있던 소염기 틈새가 검지 쪽보다 피부에 강하게 접촉하여 대부분의 매연이 검지 쪽으로 향해 있는 소염기 틈새로 분출되었기 때문일 것으로 판단되고, 왼손의 발적흔은 기울어진 접사 총창에서 발견되는 것으로 총이 발사할 때 분출되는 화염과 고온 · 고압의 연소가스가 총구와 피부 사이, 그리고 옷과 피부 사이에 생긴 틈새를 빠져 나가는 제트 기류에 의해 형성된 것으로 판단된다 .

If the total of the two parts were first created, the quantity of the skin flowing into the surroundings of the deceased is considered to have been relatively large.However, if the chest body was first created, the amount of blood leaked through the entrance and the exit of the deceased will not be much more than the amount of the skin flowing into the surroundings of the body because the blood flowing out through the entrance and the exit of the deceased was loaded on the clothes of multiple overlappeds.

In this case’s field photographs, secondary inspectors, private entrance, exit exit, and general traces, etc., suicide is determined as a suicide. The most good ground is a total that occurred between the strong and shot, and the strength of the attachment of smoke formed between the strong and shots is different, and it is difficult to view that the strength of the attachment, which was formed between the strong and shots, is different.

In light of the trace of blood flow in the two parts of the body, it can be deemed that the minor body movement occurred, but thus, the movement of the place of death cannot be clearly explained. 2) E professor (the results of inquiry into the legal classroom of ○○ University)

Inasmuch as two of the three totals of the deceased have passed through the closure and the depth of the deceased, it is presumed that the deceased could not immediately lose consciousness to the extent that it could not make another general prize. Even if the possibility of suicide cannot be ruled out completely, it is no example of suicide committed by launching three numbers of M16 small guns to commit suicide, or very rare.

일반적으로 여러 발의 총상이 있는 자살 사례라면 먼저 타살일 것을 의심하여야 하는데, 총상의 양태로 보아 자살일 수도 있고 수사로써 자살임이 밝혀진다면 자살로 인정한다. 기본적인 현장 보존이나 현장 조사가 부실하였다면 단지 자살일 가능성이 있다는 법의학적 의견만으로 자살이라고 단정할 수 없다. 사망의 종류는 알 수 없머리 총상으로 대뇌 등이 크게 훼손되었으며, M16 소총의 발사체는 고속 회전체이므로 일시적 공동 ( temporary cavity ) 이 매우 크고 뇌 조직 전체가 갑자기 심하게 압박받으므로 머리 총상 이후 망인은 스스로 어떤 행동도 하지 못하였을 것이다. 가슴 총상은 비록 폐를 관통하였지만 폐 손상 자체로는 의식을 잃거나 심장이 멎어서 어떤 행동도 할 수 없는 상태가 되지 않는다. 세 발의 총상에 모두 생활반응이 있으므로 같은 시기에 발생한 총상이라고 본다. 자살이라면 수 분 이내이고 타살일지라도 생활반 응을 고려한다면 길어야 수 시간 이내이다 .

In fact, it cannot be determined whether the total color of the chests of both sides is a phenomenon that occurred due to lighting or photographing, when photographing a photograph, or whether the color was actually different. Even if the color was different, it cannot be determined whether the color was due to the difference between the quantity of a small clothes or the distance from the total length to the gun. However, it does not appear that the color difference because one side is the difference between the time when the total length occurred and the other side is obvious.

사후에 생활반응이 생길지라도 작은 피부 출혈이거나 크다면 중력을 받는 아래 쪽에 생긴다. 따라서 부검할 때 주의해야 한다. 부검 당시에 부검의가 관찰한 생활반응 이 심장이 멎은 다음에 생긴 사후 생활반응과 구별하기 어려운 것이었다고 볼 근거가 분명하지 않다 .

망인의 왼손의 상처는 망인의 왼손이 발사되는 총구에 있었음을 의미할 뿐이지 왼손으로 총구를 잡고 오른손으로 방아쇠를 당겼는지 ( 자살 ), 아니면 단순히 왼손으로 남이 잡은 총의 총구를 잡은 것인지 ( 타살 ) 구별하기 어렵다 . 3 ) ㅋ 교수 ( 을 제7호증 ) 형태학적 소견만으로는 양쪽 가슴의 두 총창의 선후를 판단하기 곤란한데, 두 총창 주위에서 관찰되는 생활반응의 차이가 크지 않은 것으로 보아 두 총창이 서로 다른 시점에 생겼을 가능성이 그리 높지 않다. 오른쪽 가슴의 총창에 비하여 왼쪽 가슴의 총창이 더 비스듬한 방향이므로 매연이 여러 겹의 의복에 의하여 신체에 이르지 못하고 열 등에 의한 변화만으로 붉은 색조를 띠었을 가능성이 있다 .

왼손의 손상은 찰과총창의 가능성이 높은데, 매연이 손바닥 방향에서는 다소 진하고 좁게 묻어 있으면서 손등 방향으로 가면서 점차 범위가 넓어지고 색조가 다소 옅어지는 점으로 보아 탄환은 손바닥에서 손등 방향으로 발사되었을 것으로 본다. 찰과총창은 머리나 가슴의 총창에서 총구를 지지할 때 생겼을 가능성이 있는데, 정확한 자세 등은 가늠하기 쉽지 않다. 다만, 찰과총창의 양상이 다른 사람이 총을 발사할 때 방어하는 과정에서 생긴 것으로 보기에 매우 부적절하다 . 양쪽 가슴의 총창에서 생명유지에 필수적인 심장이나 커다란 혈관 등에 손상이 없었던 점을 고려하면 M16으로 3발을 쏘아 자살하는 것이 의학적으로 불가능하지 않으며 사창관의 방향이 스스로 행할 수 없는 형태로 보이지 않는다 . 4 ) ㅍ 교수 ( 을 제8호증 )

In the case of the deceased, it is possible for the deceased to make an additional prize by putting him in mind, even if he did not lose consciousness or lose consciousness, even if he did not lose consciousness after the chest hold or lose consciousness, even though he did not harm the heart.

Although the total hold of the breasts is the same spawn, there is a difference between the parts around the entrance.The change of these colors is not the time difference between the upper half and the upper half, but it is considered that there is a difference between the upper half and the upper half, that is, there is a difference between the upper half and the upper half.

The left hand's wife is the case where all eggs live together with the skin, and is the case where the gun is fixed.

However, it does not seem that the end of the gun canter completely on a canter. There is a possibility that he or she has a hand over or had a hand over at the end of the gun. The possibility of damage to a kind of defense can not be ruled out. It is more related to the head hold.

The contents are remaining 70c of yellow dust. The presumption of the time of death by the contents is limited to 2 to 3 hours after planting if it is determined based on the degree of general fire extinguishing. However, it is difficult to estimate the time of death by the contents. 5) The first appraisal opinion of the legal person of the United States of America (No. 9-36, 264): there is a lot different from the typical suicide opinion, and there is a possibility that the upper part of the left hand might have been done on the upper part, and there is a possibility that it would have been done in order to prevent the total, and to prevent it from being done. In making the final decision, it is necessary to examine the surrounding circumstances of the case without complying with autopsy, and it seems that the first statement was made within the upper part of the upper part of the bar bar bar, and the first statement made within the upper part of the bar bar bar bar bar bar bar bar bar bar bar bar bar bar bar bar bar bar bar bar, and it seems that the first statement made within the upper part of the bar bar bar bar bar bar bar bar bar.

On September 18, 2001, a medical appraisal report of the deceased on September 18, 2001: (a) the cover of the left hand’s scam and the smokeed scam were carried by hand to fix the total end to the head at the time of launching the gun; and (b) it is not a defensive window. On the face of the defensive window, the powder smoked and was injured. The first two sides met between the two sides, but the deceased was scam the gun on the right side and the last scam of the body of the deceased (the total scam and scam on the chest are the typical place of the deceased for the purpose of suicide). The scam and scamscamscam around the entrance and the exit of the scam are caused by blood movement of the skin body and the scamscamscam and the body of the body of the deceased, and these changes appears to have not been scamnded by all the body of the deceased.

The recording of a conversation with an investigator: Where a gun is fast, the clothes are cut, only gas can tear, so far as they are left, it does not tear. The left chest hold is not teared, but the left chest hold has passed far since it was turned out, but the right chest hold has only been closed. The two parts of the total body have passed as the front part of the body, and the body might have passed again at the same time, and the body might have reached again at the same time. Where a gun was close, the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

2) In the course of conducting an investigation on the medical history, the color of the upper top and the upper top of the left chest is deemed to have different from the upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper lower for a period of time. When conducting an investigation on the upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper lower, it seems that the upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper lower was deemed to have a similar color due to a drying phenomenon, and it may be deemed to be a defensive attack, and it is difficult to view that the deceased committed suicide in light of the upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper part, and it is difficult to conclude that the upper upper upper upper upper upper upper upper part was in danger of harm or defense.

4) At the time of examination of the witness of the trial of the trial of the trial court, the witness "at the time, within 300 to 400 cc away from the left scarcity of the deceased's body on the photo of the autopsy at the time, so it seems that the body can not flow after the heart was suspended, and there is a scarbling reaction of the chest body. The color different from the chest gun can occur depending on time interval, launching distance, and the degree attached to the skin, and the accurate cause is what is the accurate cause. The two parts were killed within the body of the chest, and the training was damaged by physical shock. However, if the two parts were killed by physical shock, it is difficult to view that it would result in the death of the deceased's body, and therefore, it is difficult to view that the harm to the left hand would be a trace of defense, and it was entirely impossible to determine whether the deceased's body was dead due to the pressure of an explosion of the deceased's body."

【 인정근거 】 갑 제9호증의 23, 85, 86, 128, 255, 264, 273, 274, 갑 제10호증의 46 , 47, 52, 94, 106, 을 제3호증, 을 제5호증의 1, 2, 을 제7, 8호증의 각 기재, 당심 증인 ㅇ, ㅎ의 각 증언, 당심의 ○○대학교 법의학 교실에 대한 사실조회결과, 감정인 ㅎ 작성의 감정서, 변론 전체의 취지 ( 3 ) 법의학적 쟁점에 관한 판단 ( 가 ) 양쪽 흉부 총상과 두부 총상에 모두 생활반응이 있는지 여부 위 증거 및 갑 제9호증의 128, 갑 제10호증의 47, 을 제5호증의 1, 2의 각 기재에 변론 전체의 취지에 나타난 다음과 같은 사정, 즉 i ) 부검의 이의 부검감정서에 좌우 사입구 모두 주위에 피하출혈이 동반되어 있고, 좌측 및 우측 흉부 모두 흉부근 육간 출혈소견을 보이고 있으며 흉강에서 흉부 장기를 적출한 후 살펴보았을 때 좌측 및 우측 흉부 내면에서 모두 출혈소견을 보이고 있고, 흉부의 총창은 모두 생활반응이 동반되며 생존 시에 형성된 것으로 기재되어 있는 점, ii ) ㅊ 교수는 “ 사입구와 사출 구 주위에 있는 타박상과 찰과상은 피하조직과 근육조직의 출혈에 의한 것으로 생활반 응이고, 이러한 현상은 모든 총상에서 보이고 있다. 왼쪽 흉부 총상의 사입구가 선홍색인 것은 총에서 나온 일산화탄소가 조직과 결합하였기 때문으로 당시 망인이 살아있었다는 점을 의미한다 ” 는 소견을 밝혔을 뿐만 아니라 iii ) ㅎ 교수는 “ 세 군데의 총상 모두에 생활반응이 있기 때문에 모두 생존 시에 발생한 것이라고 보아야 하며 사후에 발생하였을 가능성은 없다 ” 고 소견을 밝혔고, iv ) E 교수는 “ 세 발의 총상에 모두 생활반응이 있으므로 같은 시기에 발생한 총상이라고 본다 ” 고 소견을 밝히는 등 대부분의 법의학자가 세 군데 모두 생활반응이 있다는 소견을 밝힌 점 등을 종합할 때 세 군데의 총상 모두에 생활반응이 있고 생존 시에 형성된 것으로 봄이 상당하다 ( 한편, 재미 법의학자 ㅈ는 사후 혈액이 응고될 때까지는 혈액이 나올 수 있으므로 채취한 조직에 대한 현미경 검사도 하지 않은 상태에서 망인의 출혈을 생활반응이라고 단정할 수 없다고 주장하지만 i ) 망인의 양쪽 흉부 내 출혈량이 300 ~ 400cc로 적지 않은 양이며 , 그 외에도 사입구나 사출구로 상당한 양의 출혈이 있었던 점, ii ) 사후에 생활반응이 생길지라도 작은 피부 출혈이거나 크다면 중력을 받는 아래 쪽에 생기는데 망인의 부검 사진 상 그와 같은 양상이 보이지 않는 점, iii ) 부검 당시에 부검의가 관찰한 생활반응이 가장 정확하다고 할 수 있을텐데 부검의 이는 부검 당시부터 줄곧 생활반응이라는 소견을 밝히고 있고, iv ) ㅈ를 제외한 모든 법의학자들이 생활반응이라고 하고 있는 점 등에 비추어 위 ㅈ의 주장을 이 사안에 적용할 수는 없다고 할 것이다 ) . ( 나 ) 왼손 엄지와 검지 사이의 파열상 및 왼손의 발적흔의 발생 원인에 대하여 li ) 왼손 엄지와 검지 사이의 파열상은 그 형태를 보아 접선총창 ( 총알이 피부의 피하조직까지 침범하여 피부가 찢어지거나 파열되는 손상 ) 이라고 보아야 할 것이며, 휘두르는 총구를 막다가 파열된 상처라고 보기 어려운 점2 ), ii ) 망인의 왼손에 부착된 매연은 총창에서 검지 방향으로 진하게 형성되어 있고, 엄지 방향으로는 비교적 연하게 형성되어 있으나 엄지와 검지 손가락 전체에 형성되어 있지 않고 일부에만 있으며 손바닥 쪽으로 매연 부착이 보이지 않으므로 총구 전체를 엄지와 검지 손가락으로 감싸쥐고 있었다고 보기 어렵고 ( 총구를 감싸쥔 상태에서 총이 발사되었다면 엄지 또는 검지 전체에서 매연 부착이 보이면서 매연 부착의 양은 비교적 균일했을 것이고 손바닥 쪽으로도 매연부착이 보였을 것이다 ) 엄지와 검지 손가락 사이에 총구를 놓은 상태에서 총알이 발사되었다고 보아야 할 것인 점, iii ) 왼쪽 손목 안쪽에 있는 발적흔은 엄지와 검지 사이를 중심으로 하여 관절을 향하면서 일직선 형태로 나있으며 점차 색깔이 흐려지면서 야전 상의 안쪽에도 형성되어 있는데, 총구와 전완부의 각도에 비추어 오른쪽 전두부 앞에서 왼손으로 총구를 감싸쥐고 있었을 때보다는 왼손 엄지와 검지 사이로 총구를 받치고 있을 때 이와 같은 발적흔이 발생할 가능성이 큰 점 등을 종합할 때 망인의 좌측 손에 있는 파열상과 발적흔은 망인의 두부 총상 시 망인이 왼손 엄지와 검지 사이로 총구를 받치고 있다가 총알이 발사되면서 발생하였다고 봄이 상당하다 ( 위 발적흔이 개머 리판에 맞아서 생긴 피하출혈인지 총이 발사될 때 분출된 화염과 매연에 의한 것인지에 관하여는 이에 대한 정확한 부검 자료가 존재하지 아니하지만 그 형상이 관절을 향하여 일직선으로 나 있고, 윗부분으로 갈수록 점차 색깔이 흐려지고 있는 점, 휘두르는 개머리판을 막다가 생긴 것이라면 그 상처의 면적이 망인 왼손의 발적흔보다 훨씬 작을 것으로 보이는 점 등에 비추어 보면 후자라고 봄이 상당하다 ) . ( 다 ) 왼쪽 및 오른쪽 흉부 총창 사입구의 색깔 차이의 원인에 대하여 망인의 야전 상의에 왼쪽 흉부 총창 사입구 주위로 M16 소총의 소염기에서 뿜어져 나온 방사 ( 放射 ) 형의 화약흔이 묻어 있는 점에 비추어 보면, 왼쪽 흉부 총상은 사입구와 총구 사이에 약간의 간격이 있는 근접사에 의한 것으로서 화약은 옷에 침착되고 사입구 주변 피부에는 옷을 뚫고 나온 나머지 일부 매연만 침착된 관계로 총상의 사입구가 선홍색을 띠고 있었을 것으로 보이는 점, 이에 반하여 오른쪽 흉부 총상은 접사에 의한 것으로서 화약과 매연이 탄두와 함께 옷을 뚫고 지나가면서 사입구 주위피부에 검게 침착되었기 때문에 검붉은색을 띠었던 것으로 보이는 점3 ), 두 총상 모두 생활반응이 있으므로 생존 시에는 건조 현상이 많이 보이지 않았을 것이어서 건조 현상의 차이에 따라 색깔 차이가 발생한 것으로 보기에 부적절한 점 등을 종합하면 양쪽 상처의 색깔이 다르게 나타나는 것은 접사와 근접사라는 차이 또는 발사 각도 등 발사 양상의 차이에서 생긴 것이고, 양쪽 총상이 발생한 시간상의 차이나 수상 후 생존기간의 차이 때문은 아닌 것으로 보인다4 ) .

(D) In addition, the following facts may be ratified from the status of the deceased’s dead body and from the legal examination thereof:

1) Since both chests have not passed through major organs such as the hearts, it appears that they did not immediately cause death, and two parts appear to fall under the name of the body where the immediate death occurred, and all of the two parts are living reactions on the body of the body and the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of their survival.

2) Considering the fact that both chests are relatively similar to the inner blood or living reaction of both chests, both chests are considered to have occurred within a relatively short time.

C. Before and after the instant accident

Since the statements of the deceased's material members and members of the military team are 20 years of memory, the entire contents of the statements cannot be guaranteed. However, there is room for deliberation on the circumstances leading to the statement, and the statements that cannot be consistent with the objective situation at the time of the statement are excluded from the fact-finding because credibility of the statements is not recognized (in the first instance trial, the statement of the members of the military team should not be uniformly excluded from the fact-finding, but its probative value should be determined like the statements of the members of the military team, unless objective circumstances to see that the statements of the members of the military team can be falsified, as a whole, are consistent with each other and consistent with objective circumstances of the members of the military team (i.e.,, even if some of the members of the military team's statements do not coincide with other members' statements or objective circumstances, and (ii) if some of the members of the military team's statements do not coincide with those of the deceased's headquarters at the time of the occurrence of the accident or objective circumstances of the deceased, they should also be viewed that they were not have any other members of the present situation.

2) Meanwhile, the Deceased was scheduled to take a leave on the day following the date of the instant accident. However, on the day before the instant accident occurred, it stated that D (14 subspons, E (19 subspons, F (1 subspons, etc.), etc. immediately take a leave, and that G (19 subspons, etc.) may request G (19 subspons, etc.) to lend a leave uniform.

(B) He did not have a cruel relationship with the members of the unit, including the deceased, of the Lieutenant General, due to the nature of the pinsic pins. The relationship with the members of the unit was not good.

20. 경 중대 추석 간부 회식 시 기분이 나쁘다는 이유로 M16 소총에 실탄을 장전하여 전부 쏴 죽인다고 협박하여 공포분위기를 조성하였고, 1983. 9. 말경 3소대장 드가 부하 통솔을 잘못한다는 이유로 부대원들이 보는 앞에서 전투화를 신은 상태로 ㄷ의 우측 대퇴부를 폭행하였고, 1984. 1. 4. 경 병기계 상병 H가 소대로 보내달라고 건의하자 건방지다는 이유로 주먹과 발로 얼굴, 가슴 등을 수회 폭행하였고, 1984. 1. 초순경 자신의 지시사항을 제대로 실행하지 않았다는 이유로 망인을 포함한 부대원 8명에게 30여 분간 낮은 포복, 높은 포복 등을 시켜 가혹행위를 하였다 . 2 ) 또한 GOP 부대원들에게는 주 · 야간 구분 없이 수면시간이 보장되어야 함에도 불구하고 그는 중대장이 취침하지 않았는데 부대원이 취침하면 버릇없다고 호통을 쳐서 통상 02 : 00경에야 취침하고 06 : 00 기상하였는데 그 중 2시간은 근무하여야 하므로 늘 1 ~ 2시간밖에 자지 못하여 중대 본부 부대원들은 수면부족에 시달리고 있었으며, 1984. 2. 초순경 망인의 선임 전령인 이 라면을 잘못 끓였다는 이유로 주먹으로 얼굴을 수 회 폭행하였고 망인이 1984. 2. 경 원래 근무하던 화기 소대로 보내줄 것을 요청하였으나 큰 소리로 야단치며 묵살하는 등 평소 부대원들에 대하여 자신의 기분에 따라 함부로 대하였다 ( 그는 이 사건 사고 후 위와 같은 이유 등으로 구속되었다가 기소유예 처분을 받고 전역하였다 ) .

(C) On the day immediately before the occurrence of the instant accident, the body 1) the size of the serious headquarters staff, including the president 1 and the deceased, is around 13.6 square meters, and there was a middle-class room, the left part of which was entered the entrance, and the personnel management room was inside the entrance. The bend part of the bend part of the bend part of the entrance. The bend part of the bend part of the bend part of the bend part of the unit, there was two firearms storage units, the fraternitys, and one of the strings, and one of the strings, and two of the strings, and the right side of the bend part of the bend part of the center. The inside part of the central headquarters had a book attached to the center, which faces with the central entrance.

2) From around 30 on April 1, 2008, he saw that from around 30 to around 21, 2008, he took a drinking place with the main cream and the dysium dysium in order to reduce the promotion of the above among the cys of the main cysium in the middle center. The Deceased divided about 4 bbbes who were prepared by the dysium dysium dysium dysium dysium dysium dysium dysium dysium into the main dysium. The Deceased dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium. On the other hand, he sysium dysium dysium.

4) During that time, the diversity of the diversity had been diversized by the diversities that he had been dealing with a drinking-line loan, and there was a dispute between them. The diversity of the diversity of the diversity has been started, which had been diversized with the door door door door door door door door door door door door door door door door door door door door door door part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part of the diversity part part part part part part part part of the diversity on the day of the accident part of the diversity part part part of the diversity unit part part part part part part of the 10th, 111th, 31th, 4th, 10th, 14th, 00 square meter away in the middle part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part.

2) From 21, 18, 11 during the 16th century, soldiers were on the 16th century and were on the 19th century, they were on the 16th century and were on the 10th century, and were on the 16th century and on the 16th century, they were on the 16th century and on the 14th century. They were on the 16th anniversary of their duty to conduct daily patrol, they were on the 16th century and were on the 16th century. They were on the 10th century and were on the 16th century. They were on the 16th century and were on the 14th century. They were on the 16th century and were on the 16th century. They were on the 16th century. They were on the 16th century and were on the 14th century. They were on the 16th anniversary of their own 16th century and were on the 16th century.

2) At the beginning of the 16th century, TR, S, and 14th century, who had been working in a situation-based P, Q, and 20th century, showed that T, U, and V, who had been waiting for a patrol, was the overallity of two parts of the written apologys.

3) W, which had been a serious headquarters, listened to the report that he heard the totality from other members of the military unit, and confirmed where the totality was anywhere, but it was impossible to discover any special point. However, from 00 to 11:30, W, which caused X/Y, to 11:30, has promoted heavy meals at the 16th century. (The promotion of the meals of the serious headquarters is from 16th century to 16th century), W, after discovering the body of the deceased, was found and reported.

4) The 2nd head of the 14th century and the 14th head of the 14th century, the deceased was reported to the 16th head of the 16th place of the 16th place of the 14th century, and the 14th head of the 14th place of the 14th century. The 2nd head of the 14th century and the 14th head of the 14th place of the 2nd head office.

(F) After the occurrence of the instant accident, the captain’s operating order and the water cleaning order of the captain 1) returned to the headquarters, the captain instructed the employees of the serious headquarters to make a statement that he would have a total of 13:0 when investigating the military police, and instructed the deceased to make a statement on the way that he first discovered the deceased to Y at 16:0, and to make a statement on the facts that the deceased was dead, and that the deceased was dead at 16:0, the captain instructed him to make a statement on the way that he first discovered the deceased, and to make a statement on the situation that he had a total of 16:0.

B) In addition, he confirmed the number of ball cartridges, c and sick machine H, which are carried by the deceased, and instructed H to keep them in line with the provision carrying. He separated the windows from the small gun at D’s site, which was confirmed by H, but only two shots (including 15 shots per 15 shots). He added three shots into the fore part of the deceased, and carried five shots (75 shots) for which she was inserted into the fore part of the deceased, and confirmed the number of the balls remaining in the fore part of the deceased, and therefore confirmed the number of 11 shots in the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the deceased.

C) In light of the general police headquarters’s instruction, part of the personnel of the company headquarters carried out water cleaning, such as duplicating water from 16 p.m. on the day of the instant case at 16 p.m. on the 16 p.m., on the surface of the inner floor, bed, duplicating water, and duplicing by duplicating, etc.; 2) military police officers began to take photographs of the military police unit on the day on the day to the m. head of the headquarters on the day on the day on the day on the day on the day on the day on the day on the spot, and conduct an investigation focusing on the related persons, including the serious headquarters personnel. According to the on-site photograph taken by the disease (hereinafter “on-site photograph of this case”). According to the body of the deceased, many trees supposed with the body of the deceased, and the body of the deceased was adjacent to the outer fence of the closed oil, and the body was cut towards the direction of the deceased’s upper end.

The soil around the waste oil was brightnessd in a brightness color, and there was a little difference in the lower part of the deceased's head.

B) Meanwhile, when two carbons were found around the deceased’s body, the military police police officer conducted a search in and around the site to find the remainder of one carbon. However, the police officer did not find any search in and around the site.

In the investigation report of the military police corps, the total size of the deceased was three, but the two points were written as question, and the result of the reexamination was found as a close search near the site (Provided, That the rest of the site and circumstances of discovery is not stated). 3) Part of the unit members belonging to the deceased, such as serious headquarters unit members, have directly observed the body of the deceased, and a large number of the unit members of the unit members belonging to the deceased have heard the mind, and it was not accepted as a substitute for the deceased's usual character, as well as for the fact that the deceased's suicide was committed by launching three guns in M16, and it was not doubtful that the deceased did not commit suicide but did not appear out of the military police station, and that there was no suspicion that the deceased's portrait might have been duplicated, and that the deceased's initial body was duplicated or dupliced, and that the deceased's body will have been able to have been dup to the scene (16).

2) On April 3, 1984, 1984, after the occurrence of the instant accident, he/she was judged to be likely to move e to the military police unit commander and ordered him/her to monitor him/her as of the date of the instant accident. On April 3, 1984, he/she received instructions from the military police unit commander to move e to the joint headquarters as if he/she did not have any day. He/she was assigned to the military police unit immediately after the occurrence of the instant accident, and he/she was subject to investigation by the military police unit for about one month, and was subject to compulsory discharge after being assigned to the military police unit for the instant accident, but he/she was subject to investigation by the military police unit for the instant accident, but there was no disciplinary action or any disadvantage caused thereby.

【Ground for Recognition】 12, 13, 16, 17, 18, 19, 21, 22, 27, 35, 36, 38, 40, 41, 50, 59, 63, 78, 83, 9, 105, 109, 110, 121, 124, 125, 126, 137, 139, 139, 160, 161, 185, 19, 219, 220, 221, 2224, 225, 229, 10-4, 105, 108, 1318, 1316, 314, 161 of the evidence of the witness evidence of this case, 16, 1631, 314, 16

1) After the occurrence of the instant accident, the summary of the statement made by the deceased's serious members of the Council is as follows: (a) whether the head of the headquarters was found, and whether the head of the headquarters was conducting the cleaning of water to erase sacrifies; (b) whether the head of the headquarters was conducted.

① i ( 갑 제9호증의 60, 당시 19소초 근무 ) : 중대본부에 무언가를 전달하러 10 ~ 11시경 올라갔다. 내무반 안이 어수선하였고 피가 이곳 저곳에 묻어 있었다. 내무반 안에서 보자면 현관 바로 우측 모서리 부분이고 중대본부와의 거리는 불과 1 ~ 2미 터도 되지 않은 곳에 허○○ 사체가 있었다. 옆으로 쭈그린 자세로 누워 있었다. 주위에 총도 없었고 피가 상당히 많이 흘러 있었으며 사체 주위는 피천지였다 .

② U (No. 9-29, No. 14 at the time of 29, No. 9): He listened to the generality of the morning on the same day and went to the headquarters in accordance with the direction of the head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-committee.

③ D (No. 9-58, No. 14 seconds at the time): He / she went to a serious headquarters by carrying out Hu○○ personal particulars at the company headquarters. He / she was a staff member of the company headquarters to walk knee and walk knee. He/she was milked with water. The same is the same.

④ G (No. 9-39, at the time of 19ths: from 19ths to 19ths, he went to a serious headquarters because he/she would bring about military uniforms and fighting within the dives of the dives of the dives of the dives of the dives of the dives of the dives of the company headquarters. The head of the dives in front of the dives of the company headquarters

⑤ N (No. 9-120, No. 16 at the time of 120, No. 9): The company entered the company headquarters as a head office and was milked in water. At the entrance of the company headquarters, the company showed the strawing country, and the strawing amount was not much.

1. Q Q (A’s evidence 78, 16ths at the time: 16:0 on the same day:00 square meters, and the major internal team was unable to enter without any access, and the group was immediately adjacent to the serious internal project team, and the group was said to have died of Hu○○.

7. (No. 9-201, 201, 200, 200 driver's disease at the time of the military police station: j responded to the question of the investigator in charge of the investigator's question, "I will comply with 80 provokings," stating that "I will not be able to say that I will be able to be able to say exactly. I will not be able to say that I will be able to say that I will be able to be able to say. I will be able to say that I would be able to say that I would be able to say that I would be able to say." 2) The credibility judgment on the above statements is as follows.

① The following circumstances that can be acknowledged by the statements in Gap evidence 10-10, No. 158, Eul evidence 13-13-68, 69, 70, and Eul evidence No. 14-10 of the evidence No. 14-10 of the evidence No. i as to the statement, i.e., the statement at the time of investigation of the special group i reversed the statement at the time of investigation of the investigation of the same group, which is, i being flown above the body at a certain point far away from the body of the company. This is not correct memory. This is that the body was so memory at the time, but is a wrong statement. It is also stated in the statement submitted at the trial, and it is also stated in the statement submitted at the court of first instance to the same effect, and it is hard to see that the head and the body of the second investigator and the above investigator are directly recorded at the time, and it is hard to see that the body of the above investigator and the body of the deceased are memory.

(2) On U’s statement

According to the statement No. 13-4 of the evidence No. 13-2, U did not have witness the body at the time of the investigation of the special group, and he was engaged in cleaning with gals, and it was done to the extent that the inner part of the statement of the above U.S. (No. 9-29 of the evidence) was considerably the same as cleaning, but it was done to the extent that the inner part was cleaned with dust in the winter. The degree of memory is that it was done at the time of the investigation. The same is the same as the internal part being cleaned at the time of the investigation, and the investigator asked that it is not the cleaning of the skin. The fact that the investigator made a statement to see that it was not the cleaning of the skin. However, it is difficult to believe that the part of the statement of the above U.S. statement (No. 9-29 of the evidence) was about the direction of the investigator for the investigation of the investigator.

③ According to Gap evidence Nos. 10-138, Eul evidence Nos. 133-36, 37, and Eul evidence No. 14-1 with respect to Eul's statement, D merely answers to "I ambling the water in order for investigators to concentrate on the water cleaning part at the time of investigation and clean up the water to remove the skin," and it is true that "I ambling if I do not clean the water," and that I ambling the water differently from the internal office at the time. There was no fact that I am a witness outside of the headquarters or outside of the headquarters, and it was difficult to recognize the part related to "I ambling"'s statement that "I ambling the above part related to I ambling."

④ As to the G’s statement

In light of the following circumstances that can be recognized in the statement No. 13-51 of evidence No. 13, namely, G has a broad place from the company headquarters to the main place where the target is in the course of the investigation of the special group. The distance is not far away from the company headquarters. The degree of 4-5 persons are memoryd in the nearest place. While there are no unit members who have taken the target at the above place except G, G has no unit members who have taken the target at the above place, and G has no well memory with respect to other situations, etc., it cannot be said that there is no evidence as to the fact that G’s statement (No. 9-39 of evidence No. 9) took water cleaning in order to erase the country.

No. 35, No. 120, No. 124-30, No. 130 of the deceased's No. 13, N's oral argument as to N's statement was conducted, and N's statement was conducted on the 1st 6th o's first o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o''.

6) The above Q’s statement (No. 9-78) concerning Q’s statement was not deemed to be a material internal base and was just a material internal base, and it was not a location of the scam. Thus, it cannot be used as evidence to prove that Q discovered the scam from the inside and outside of the headquarters or the entrance, and according to the evidence No. 14-2 of Q’s statement in the written statement submitted by the investigator before undergoing an investigation from the investigator at the time of an investigation into an investigator’s death, and it was hard to acknowledge that Q died of the part of Q’s statement that was not a material fact at the time of the investigation into an investigator’s death, and it was hard to acknowledge that Q’s statement was not a material fact that Q’s statement was made at the time of the investigation into an investigator’s death.

(7) (No. 9 No. 9-201, at the time of Operation of Military Police Units)

According to the above evidence and evidence Nos. 14-9 of the above evidence and evidence No. 14-9, j, even at the time of the investigation of the investigator's question, provided that the investigator immediately reported to the senior investigator on the same inquiry as that of the investigator's internal investigation; and that there was no answer that this memory was made; and that the statement submitted to this court that " there was no statement that the trace of the skin mixed with the scam has been memoryd immediately adjacent to the internal office; the same shall apply to the investigator's arbitrary record; the same shall apply to the investigator's arbitrary statement; thus, it is difficult to believe that the part of the statement of the above subparagraph A (No. 9-201 of the evidence No. 9) which found a trace mixed with the scam and the water is mixed. 3) The plaintiffs' assertion and judgment as to the contents of the special investigation.

As to this, the plaintiffs asserted to the purport that 10 or more investigators, including the head of the special investigation group, may collectively examine important witnesses, or investigate by means of a large-scale debate after collecting all witnesses in one place, and thus, the witness could have made a statement when he/she has chilled psychologically. Therefore, the contents examined by the special investigation group cannot be regarded as counter-materials to the contents of the investigation in the special investigation group because they are credibility and they cannot be regarded as counter-materials to the contents of the investigation.

In light of the following facts, Gap evidence No. 10-10, 123, and 149 and the overall purport of the arguments, the court below prepared the statement based on the recording of ten investigators, including the investigator k and 1, at the special investigation team office of October 7, 2002, while 10 or more investigators return to the city under the command of the city. On October 15, 2002, the investigator 1 and m were included in the investigation system at the special investigation team office of this case, and there were no special reasons for the investigation to exclude them from credibility of the investigation team of this case. However, it is hard to find that there were no other special reasons for the investigation team of this case to exclude them from credibility of the investigation team of this case as mentioned above.

1) With regard to the time and place of the instant accident, and the recognition time in the Joint and Several Units, the outlines of the statement in the Grand and Joint Chiefs of Staff are as follows:

① n (No. 9-2, No. 88, 165, 165, 100: A was shouldered by a fleet and was called a telephone, and a 1-2-2-1-2-2-2-2-2-2-2-2-2-2-2-2-3-2-2-3-2-3-2-2-3-2-3-2-3-2-3-2-3-2-4-2-3-2-3-2-3-2-4

2.q. (Nos. 93, 165, and driver’s disease in the fleet 9: 1 p.m. has gone to the scene. Other than that he/she goes to the morning, he/she shall be unable to memory him/her as he/she has no memory nor to memory him/her.

③ P (Evidence A No. 9-148, 165, 165, 165, 200: A) received a report on the situation that the total gender has occurred from 01:30 p.m., and thereafter received a report on the situation that the deceased committed suicide from 000 p.m.

40. (No. 9-131, Large-Scale Telecommunications Disease): The same shall apply between 2 and 4: (a) at the time ○○ Central Headquarters, the deceased was killed by directly calling at a situation room with the head of ○○ Central Headquarters, before weather at the time, in a situation room; and (b) the weather time is the same; and (c) at the time, the deceased was killed.

(5) r (No. 9-175, 00 large-scale operations officer): At least 4-6 clocks of a new wall during the current service.

A report was received to the ○○ commander. The occurrence of suicide by firearms was directly made to the ○○ commander, and a request was made to the ○○○ commander, and the report was made to the ○○○○ commander, and the joint and several situation room was reported immediately. The same was the same as the ○○○ commander made a telephone call to ascertain the case, and the ○○○○○○○ commander instructed him to prepare for a telephone and the site. The same was the same as the ○○○○○ before he was taken out, and the ○○○○○○○○ was the same as the ○○○○○○. At around eight hours from the 1st to the ○○○○○○○○○○○○, but the ○○○○○

6. (No. 9-2, No. 173, No. 173, and No. 9: The same shall apply to cases where the accident occurred at the morning or the time to the end of the day. It is difficult to say that the accident occurred to put in place an infinite, and that the accident occurred to the large situation room due to the lack of the large situation commander. It is not a memory that the large unit commander goes to the large unit at any time.

17. S (200 of Evidence A 9, division of solidarity 200): The same shall apply to a case on which a report of the case was received from a joint and several situation room while he/she goes to work in a room at the time when he/she finds it difficult to accurately memory. The other part of his/her memory is not available.

8. T (No. 9-188, joint and several personnel officers): He/she is the memory of put to order, and he/she was present at the morning on the day and transferred his/her death to the personnel and office.

9. (No. 9-2, No. 167, No. 9): A was reported to the effect that he/she committed suicide by the former ○○-2 commander before he/she goes to work and received a direction report. Other than reported matters, the details of the report, the results of the investigation by a military police unit, the dismissal of the former ○○-2 commander, etc. are not memory.

① N (No. 9-120, No. 16: at the time of 120: 16:00 a.m. and 16:0 p.m., 201.

① L (No. 9-124, at the time of 16th century : N’s statement is read. He/she was on the side of the quid pro quo headquarters after examining it. He/she was on the side of the quid pro quo headquarters, and he/she was a prudent and a prudente, and a total prudented on the side of the headquarters.

2) Determination of the credibility of the above evidence is as follows.

① As to the statements N andq, the following circumstances acknowledged by the above evidence and Gap evidence No. 10 evidence No. 77, i.e., the above statements were merely the statements made by the Daelin to LIN, which were made by the Daelin.

There is no memory as to whether the above statement was made or not, and it cannot be readily concluded that the above statement was made only by the above statement alone, and there is a high possibility of confusion with memory for other days other than this case, and N in the special group investigation on September 17, 2002, stating that “A driver did not have any opportunity to talk because a driver did not immediately go to a driving soldier.” (The above statement was made after being investigated by two investigators of the special group in the vicinity of the domicile of the N in the special group before the collective group questioning, and there is no special circumstance to suspect credibility because it was made after being investigated by two investigators of the special group in the vicinity of the domicile of the N in the special group before the collective group questioning, because it was merely correct for a long time when the second official business trip investigation was made, and it is difficult to say that it was in connection with the time that the investigator stated in the investigation.”

② The following circumstances acknowledged by Gap evidence No. 9-160, Eul evidence No. 13-96, 97, and 98, i.e., r did not receive an investigation into an accident of this case before the investigation by the Speaker, and at the time of the investigation by the special inquiry team, the investigator stated that "at the time of investigation by the Speaker: 00, he/she received a report at 07:0, and some soldiers testified as a new wall, that he/she is not aware of the fact that other investigators sent it to the 5:0 o's office, and thus, he/she stated that he/she was aware of the fact at the 4:00 o's office, and that he/she was not aware of the fact at the 4:0 o's office at the time of investigation, and that he/she was informed of the fact that he/she received a report by the o's office at the time of investigation by the o's office, and that he/she was informed of the fact that it was no other o's office.

(3) As to the statement of S

According to Gap evidence 12-1, Eul evidence 81-2, Eul evidence 13-105, and 106, s usually stated that s shall normally attend the country after 07:00, if s had an accident on the new wall because they ask s for stamp hours, s shall normally attend the country after 07:0, and at that time, s shall have stated that s shall have heard from the situation officer or reported to the situation officer about 10:52, after confirming that the date and time of death was stated in the report on the cremation of the deceased prepared by s, s may recognize each fact that s reverse their statements that s shall be recorded in the report on the cremation of the deceased, and therefore, it is difficult to believe that the statements (No. 9-200 of evidence No. 9-200) of the above V are false.

④ As to the P’s statement, the following circumstances, i.e., the circumstances acknowledged by comprehensively considering the aforementioned evidence and evidence No. 9-126, 181, 214, and evidence No. 155, and the overall purport of each statement No. 155, i.e., the time when p was reported on a general gender and suicide, and the time when p was memoryed, not only difference from the background of the accident that was announced by the Speaker or from the statements of other unit members, but also ii) when a situation occurred at the beginning of the lawsuit (or at the beginning of the lawsuit), the serious headquarters shall report to the Dae headquarters, and the serious headquarters reported to the Dae headquarters. At the time of the instant accident, W, which was at the headquarters, was confirmed by K upon receiving a general gender report from K and confirmed from the outside of the headquarters,

In light of the fact that the deceased had continued to work with no day, the deceased's body was confirmed, the serious chief of the headquarters was reported to the large chief of the headquarters after ascertaining the situation and reported to the large chief of the headquarters. It stated that "I received direct contact from the large chief and received instructions from the large chief of the headquarters because I died of the deceased, and I stated that "I reported to the large chief of the military police station that I reported the deceased's suicide to the large chief of the military police station." (The 12th statement against W of the deceased's death) It appears that I reported to the large chief of the military police station that I would not have reported the first suicide to the large chief of the military police station, and that if I reported to the large chief of the military police station that I would not have reported the death of the deceased to the first chief of the military police station and that I would not have reported the first suicide to the large chief of the military police station because I could not have reported it to the large chief of the military police office.

⑤ In full view of the above evidence and evidence Nos. 10-15, Eul evidence No. 22, Eul evidence No. 23-1, and the following circumstances, i.e., the report of the accident of this case was received at the new wall or the morning on April 2, 1984 from the Dae and Joint Chiefs of Staff on April 3, 1984, and the military police officer's report of major case to the head of the association on April 3, 1984 on the same day: 06: 10:50 on the day of the day of the accident, the date and time of the occurrence of the body and the date of the accident No. 23: 13:00 on the day of the occurrence of the body and the date of the accident, and the date and time of discovery of the report and the situation of the military police officer's report are not jointly and severally and severally and jointly and severally and jointly and severally.

However, it is difficult to think of the important cases or major cases reported to the military police officer's 0.2. ii) the time of the occurrence of the instant accident can be inferred to have been known to the new wall or the morning on 4.2. However, if the military police officer's arbitrary operation of time for the instant accident was reported to the new wall on 4.2. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 1. 4. 1. 4. 1. 4. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. . 2. 1. .. 4. . . . . .. 4.... 4.... 4. . . . . . . .... 4. ................. 4. . ..... . ... ..... . . .. ...... .. .. .. . . . . . . . . . . ....... . .......... .. . ......... ...................... .................................. ..................................................................................

④ The following circumstances, which are acknowledged as a comprehensive consideration of the aforementioned evidence and evidence No. 13-30, and No. 13-73 as to N’s statement, namely, N did not have any fact that “N was found to have been examined at the headquarters of the company, and there was no such fact. After considering the total gender, N was 2-3 persons at the headquarters, and one of them was set up at two-3 persons at a unit price.

The reason why the testimony was made at the inquiry was that the investigator of the investigator's inquiry was without accurate memory, and L was submitted to the special inquiry group a written statement stating that he was unable to explain the situation and made a concentrated inquiry for about 6 hours, and L was parked at the special inquiry group. At the time of investigation of the special inquiry, I saw that “I am dead at the 16th portrait, 16th portrait, c, and J, the c, the c, and the c, the c, and the c, the c, and the c, of the c, the c, the c, and the c, of the c, the c, the c, the c, and the c, the c, the c, and the c, the c, the c, and the c, the c, the c, the c, and the c, the c, the c, the day of the case was set up.

It is reasonable to view that the time for the discovery of the body is between April 2, 190 and 11:30, considering the time for the report to the large ledger (it is presumed that the time between 11:30 and 12:00) and the time for the movement of the security stand (the extent of 20:30 minutes) of the private house, as it is presumed that the non-party arrived at the core headquarters between 12:0 and 13:00, since it is presumed that the non-party arrived at the core headquarters, it would be presumed that the non-party arrived at the core headquarters between 12:0 and 13:00, and that the examination of the body at issue during the working hours would have a high probability of examining the vision, and that the first N, statement or joint signature would not be supported by the evidence.

D. (1) The assertion that the instant accident was caused by the cause other than suicide of the Deceased and the evidential materials supporting the determination on the cause of death (1)

① On the spot pictures where the deceased’s body was discovered, there is no scams from the body of the deceased due to scam and the body body with a scam and the body of the deceased, and there is no scams from the body of the deceased, and there is no scams from the body of the deceased with a scams from the body of the deceased, and most auxiliary units stated that the scam was not found only two at the time of the on-site investigation by a military police unit, and that most auxiliary units took the scams of the body (if the body can be deemed to have been transferred after the death of the deceased, the body

② The deceased’s body is Ma16 M16 small guns, and it is natural to see that the body was a shot 2ndum in the body of the deceased. It is natural to see that the body was shot 1stum in the body. (Inasmuch as the body was considerably damaged due to the body shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot

③ The deceased’s material cause executive staff, H and G statements that the deceased was killed.

④ On April 13, 1984, 1984: (a) ordered the unit members to make a statement at around 00 on a general hearing time; and (b) caused H to have one ball cartridges at the scene of the accident (where the deceased commits suicide, there is no reason to operate the firearms launching time or to operate the accident site).

(5) The color near the left-hand and the right-hand chest shall be different (if the color changes depending on the difference in the drying time, it shall be deemed that there arises a difference between the upper upper and the upper left-hand chest, and therefore, it shall be difficult to regard it as suicide).

④ According to the statements of a considerable number of officers and soldiers from the military unit, etc., the accident of this case was reported at the time of a new wall or an accident of this case on April 2, 2004, and the military unit and security unit received a report on the accident of this case, and the military unit and security unit visited the new unit 1 (i.e., the military unit and security unit 4).

2. 10: around 50 gross value is for the purpose of a disguised act due to suicide;

7) The deceased was planned to leave the following day of the instant accident, and there was no reason to commit suicide because he was in the process of preparing for the instant accident, and there was no reason to commit suicide, and there was no intention to commit suicide from ordinary members of the society to ordinary members of the society.

8) Although the body leader belonging to the deceased did not conduct a water cleaning with usual water, on April 2, 1984, he conducted a water cleaning to the body leader belonging to the deceased on April 2, 1984, and according to some of the auxiliary personnel's statements, he viewed the body body of the deceased to be located in the body leader of the body headquarters and found the saves in the body at the time of the water cleaning of the internal base (i.e., the deceased died from the body team within the central headquarters).

9. The Chinese commander did not look at the ordinary AOP patrol, but did the GPOP patrol on the date of the instant accident (it seems to be aimed at creating Alba, around April 2, 1984, at around 00, that he did not have at the site of the accident).

① Even after the fact, it is difficult to distinguish whether a living reaction may occur up to six hours, and if there is damage prior thereto, it is difficult to distinguish whether it would be damaged upon survival or damage after the death, and it is merely 200 cc or less, and it cannot be said that there is considerable blood volume. As such, chest gun can be seen as being damaged after the fact (it cannot be readily concluded that a living reaction may occur until 11:0 a.m. even if the new wall died in total).

① Only one of three parts of the three parts is attached to the report on the appraisal of a gun number of the deceased, whose total number was modified, but the procedure for modification was not conducted properly, and the report on the appraisal of a gun prepared by the Army Scientific Investigation Institute attached to the report on the appraisal of a gun is accompanied by only one of the three parts on the ground that three parts of the three parts emitted from the guns of 60449 are identical in launch traces (a total of three parts of the report is to be operated as emitted from the guns of the deceased).

② If the deceased himself/herself had sponsed three guns or a nearbysponsed, the deceased must remain at the spons of the deceased’s total, and there seems to be no photographic sponsion (2) The claim and evidentiary materials supporting that the instant accident was caused by the suicide of the deceased.

① All of the left-hand side, right-hand joints, and two parts appear to have a living reaction, and thus it appears to have occurred within a close time, as alleged by the Plaintiff, by other auxiliarys.

If she was killed on the new wall (or the accidentr) and moved to the root of the waste oil, and if she was launched again, a considerable time has elapsed between them, it is difficult to respond to the life class in the total of the two launchs later.

(2) Since the three specifications of the three specifications of a death with or close to another death, it shall be deemed that it is a death with or close to another death (the result of the investigation by a question-finding, fact-finding by the judgment of the court of first instance, and the supplementary opinions by the members are not reasonably explained.)

③ 망인의 좌측 손에 나타난 파열창은 총구를 움켜 잡은 것으로 보기 힘들고 엄지와 검지 사이에 총구를 올려 놓고 총알을 발사한 것으로 보이며, 좌측 손목에서 팔꿈치 방향으로 흔적이 옅어지는 발적흔은 다른 사람의 공격을 막기 위한 방어흔으로 보기 어렵고 총알이 발사될 때 나오는 소염에 의하여 발생한 것으로 보는 것이 타당한 점 ( 위와 같은 점으로 고려할 때 망인의 좌측 손 및 팔에 나타난 파열창 및 발적흔은 타살이라고 보기에 자연스럽지 못함. 타살이라면 총구를 손으로 움켜잡거나 반항한 흔적이 있어야 할 것이며 망인이 반항하지 못한 상태에서 총알이 발사된 것이라면 망인의 두부에 나타난 사입구와 사출구 방향이 자연스럽지 않음 )

④ Since the body height of the deceased was built up by 181cc., it is necessary to help many people in order to move the deceased’s body through a narrow slope, it is very certain direction that, if moving, the blood generated from the two parts of the deceased might occur in many directions. The body is found to be in a relatively decent state without any trace leading the deceased’s body when moving the body, and there is no trace of moving the body to a waste oil.

(5) There is no incidental personnel who stated that the deceased was killed in addition to the statement made by the witness W, and even a statement made by a member of the unit who testified in accordance with the guidance of the investigator in charge of a question-oriented investigation is difficult to believe that it was made in accordance with the inquiry made by the investigator in charge of a question-oriented investigation

6. If the Deceased’s unit was a serious GOP unit, the unit was composed of all the units, and there was no statement that the unit was composed of all the units on April 2, 200.

7) There are many cases in which a person commits suicide by launching a large number of rifless other than a small gun, and in Korea, there are cases in which the person committed suicide by launching two parts and one part of the uniforms in M16 small gun, and there are several other cases in which the person committed suicide. 8. The accident of this case was done to the company headquarters on the date of the occurrence of the accident of this case, but the person used a large quantity of water to the extent of spreading water, not to use a large quantity of water to the degree of sucking, so it is deemed that the person was insufficient in the cleaning agent. After the accident of this case, the accident of this case was seen to have done the water cleaning in preparation for visiting the superior unit and the military police unit.

9. The commander of the Central Team was bullyinging members of the military unit due to the nature of normal spherbing, and the deceased was able to receive a large amount of 1's command and ask the deceased whether he/she committed suicide to another person's guns (the deceased was motive for suicide and showed signs of suicide before the death).

(1) A unitu shall be memoryd as receiving a report on an accident of this case in an Absia.

4.2.2.2.2. 11: 00 if a report on invasion was received, it is contradictory to the fact that the report on major cases of the military police unit or the report on major cases was not consistent with (3) judgment on the credibility of the statement by the staff (A).

1) Summary of a statement of a staff member

According to Gap evidence No. 9-214, 215, and 248, and witness W's testimony, the summary of the deceased's death stated by the executive staff is as follows: "The summary of the deceased's death is that "the mid-to-face register, the div of the div of the div of the new wall headquarters on April 2, 1984 on the date of the accident in this case, inside the new wall headquarters, and the central body of the div of the div of the div of the div of the div of the div of the div of the body of the div of the div of the M16th unit, which was used in the process of gathering the body and the body of the div of the div of the div of the body

2) Changes in statements on the agenda in the process of investigating questions;

According to the statements in Gap evidence 9-7, 80, 107, 149, 150, and 191, the following facts may be acknowledged:

One-time statement: He reported the situation in which he was in the morning, but Hu○○ was fluent, and Hu○○ was fluent, and I am am her her her her her her her her her her her her her her her her herb her her herb her her herb her herb her herb her herb herb her herb herb her herb her. At that time, Y was aware that her her her her own her own herb herb her head and died, and that her her her herb her was dead. Otherwise, her her she was no memory; she was found to have discovered her her body she was treated with a military police police officer (whether the her her she was fluent with the her herb her herb herb herb herb her.).

3. Statement: He heard h's statement from the investigator, and asked Hu○○○ Ma161, and then asked Ma16 Ma, “I think h so if h so stated. I think h?? I think that h has so made it,” and answer h's question as to who she launched Ma16.

4회 진술 : ㄹ가 회식 중 나와서 소총을 꺼내들고 죽여버리겠다고 하고 사병들을 발로 찼다. 드가 나와서 말렸다. 새벽에 사망 보고를 받고 07 : 00경전에 대대장, 비가 와서 중대장과 중대 막사 출입문 밖에서 이야기를 나누었다. 새벽에 총소리를 들은 기억이 없다 ( 조사관의 질문에 간단히 답하는 식으로 대답하였다 ) .

5 times’s statement: The answer was made to question whether the divists understood to have caused the death of the deceased.

8 times’s statement: Shall not be memoryd with a gun that dials a gun, but can not be memoryd with a gun. There is no memory with a gun.

11. Statement 11: After g and telephone conversations, the investigator stated that g, D, U et al. will be memoryed in the investigator's statement that g, D, et al. tried to see that g, D, et al. to see himself/herself, and the investigator stated that the investigator's statement is the credibility of the investigator's statement, because he/she was found to be her in the process of his/her her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's k

In full view of the overall purport of the oral argument in the above facts, i.e., when first making a statement of the deceased on the date of the accident, i.e., witness was present on the date of the accident, and was unable to properly memory the new wall on the same day, and thereafter, in the investigation of the question, she made a statement to the effect that, if the investigator of the Question History finds another serious member's statement or considers him/her about his/her drilling, he/she would do so, he/she would have the same as that he/she would have made. In general, if he/she made a statement on 12 occasions, he/she made a statement to the effect that he/she would have been exposed to the total launch of the deceased, and that he/she would not be able to escape all the ones that he/she had launched. In general, if he/she made a conscience declaration, it is natural that he/she continued to deny it, and that he/she added the status of his/her hair in W's statement to the general body of the deceased's hair and the body of defense.

(B) Determination of the credibility of each of the statements in H/G

갑 제9호증의 213의 기재에 의하면 h는 의문사위 조사 시 “ 리가 총을 꺼내 쏴 죽인다고 소란을 피웠고 그런 과정에서 허○○이 ㄹ의 총을 밀치는 순간에 발사가 된 것 같다. 허○○이 총에 맞고 주저앉아 있었다. 총성 소리는 기억나지 않는다. 오른쪽 가슴을 맞았다. 사체를 옮기는 것에 협조한 사람은 모르겠다. ㄹ가 다음날 사체에 2발을 더 쏘았을 것이다. ” 고 진술하였으나, 갑 제10호증의 69, 116, 증인 h의 증언에 의하면 h는 위와 같은 진술은 의문사위 조사관의 유도신문에 의하여 소극적으로 답변한 것에 불과하며 잘못 진술한 것이고, 총이 발사되는 것을 본 적 없고, 핏자국을 닦는 것도 본 적 없다고 진술한 사실을 인정할 수 있으므로 위 h의 진술 ( 갑 제9호증의 213 ) 은 믿기 어렵다 .

In addition, according to the statement 81 and 170 of evidence No. 9-2 of this case, g was the same as cleaning water as it was listed on the headquarters on the day of an investigation into the Speaker's History, g was the same on the day of the investigation into the Speaker's History, Doz. Doz. Doz. Doz. Doz. was Doz. Doz., but Doz. Doz. was Doz. Doz. Doz. Doz. 1, and Doz. Doz. 1, Doz. 1, and Doz. 1, and Doz. 1, Doz. 1, and Doz. 1, Doz. 1, and Doz. 1, Doz. 1, Doz. 1, and Doz. 3, Doz. 1, Doz. 1, 2005.

The deceased was unable to get off the deceased with his arms in the 16th gun, and the deceased was string the string of the gun, and the plaintiff 2 was string the string of the gun and string the string of the string, and the string of the string of the string. In the process, the string of the string of the string, the string of the string of the string and the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the st

After the Deceased’s first launch, he concealed the incident, such as falsely reporting the Deceased’s suicide due to the large-scale situation room, and agreed to the captain of the large-scale unit and the staff in charge of the security guards in charge of the large-scale unit. Some of the personnel of the large-scale headquarters, who carried out the steel string patrol in operation of two large-scale units, carried out water cleaning, such as washing the Deceased’s skin, and at that time, at 10:0 to 11:00 the end of the oil, she caused the Deceased’s death in the direction of the left chest and right head of the body of the large-scale unit.

2) Determination

In light of the above facts and the legal opinion, the following circumstances, i.e., the body of the deceased’s chest gun, the body of the left hand does not coincide with the legal opinion that the body of the deceased cannot be seen as a defensive shaking, ii) the deceased’s body is 159cm, and the deceased’s body is 181cc, and the body of the deceased’s body is 181cc, and the body of the deceased’s body, so in general, the exit should be formed higher than that of the deceased. In such a case, the body of the deceased’s body of the body of the body of the deceased’s body of the body of the body of the body of the body of the deceased’s body of the body of the body of the deceased’s body of the body of the body of the body of the deceased’s body of the body of the body of the body of the body of the deceased’s body of the body of the body of the deceased’s body of the body of the deceased’s body of the body of the deceased’s body of the body of the body of the deceased.

It is difficult to see that ○○○○○○○○○○’s name was not consistent with the deceased’s common knowledge, and that it was difficult for the deceased to use his name on the 1st day of the death, and that it was the most easy for the deceased to use his name to commit suicide. 4. 11th day of the death, and that it would be easy for the deceased to use his name on the 2nd day of the death. 6th day of the accident to use his name on the 1st day of the accident. 6th day of the accident, it would be consistent with the rule of evidence that the deceased’s name was 4th day after the first accident, and that it would be consistent with the rule of evidence that the deceased’s name was 4th day of the accident, and that the deceased’s name was 5th day of the accident, and that it would be hard to use the body on the 1st day of the death. 6th day of the accident.

On April 2, 1984 (at least 06:0 a.m. before 00 a.m.), the deceased suffered a guns of 1 heading in any place other than a waste oil scrap, and any of the following group used to move the body to a waste oil, and 11:00 p.m., 2 headings of each plehing part of the deceased.

2) Determination

In light of the above facts and the overall purport of the deceased's oral argument, it is reasonable to view that the following circumstances were hard to accept: (i) the shock of the deceased's left hand according to his/her medical opinion, as seen earlier; (ii) the body of the deceased's body at the time of his/her death did not seem to have been exposed to a total of shacks; (iii) if the body of the deceased's body of the deceased's body was removed from the body of the deceased's body of the deceased's body, it would not have any voluntary action after the death; and (iv) if the body of the deceased's body of the deceased's body of the deceased's body was removed from the body of the deceased's body of the deceased's body of the first time, it would be difficult to find that the body of the deceased's body of the deceased's body of the deceased's body of the deceased's body of the deceased's body of the first time, as seen earlier, would have become more serious and more likely to have been removed from the body of the deceased.

(E) Determination as to the part in which the total amount of 20,000 U.S. has been heard and 20,000 U.S.

According to Gap evidence No. 9-15, on March 201, 201, 201, 18 seconds were conducted at the site of the accident at the time of the accident at the time of the accident, and people were placed at 21 seconds, 18 seconds, 11 seconds, 16 seconds, and serious headquarters, etc., which were found to have taken place at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident, and 9 guns, such as 16 rifless, pusheds, pusheds, tights, and neighboring sands, were emitted at the 21 seconds, and 30,000 were not heard at the time of the accident at the time of the accident at the time of the accident at the time of the accident, and 3,000,000 out of 16,000,0000 won, 3,000,0000 won, 3,000.

In the facts of recognition, the deceased was suffering from the 6 duplicates at the time of the accident in this case, and the right plebing gun can be deemed to have been launched in the situation where a canter was divided into a canter, and in light of the degree of the attachment of smoke, it is highly likely that the clothes have been emitted in the whole area, and the fire would have been in a situation similar to the launch of three sprinks by sphering the sphers over the sphers, or the sphering of the sphersphers after covering the sphere sphers, etc. into the sphers sphers in the actual process of launching three sphersphers, and the remaining two sphersphers are very sound, and most of the unit members were able to listen only to 20,000 sphersphersphers.

In addition, with regard to the discovery of two coal projecteds, Gap evidence Nos. 9-137, 139, 162, 201, 207, and Eul evidence Nos. 12-1 through 19 were stated in the military police investigation records of the accident of this case that two coal projected around the deceased's body, and only two coal projected around the deceased's body were stated in the field, and there was no possibility that two military police officers or serious members were not able to find coal projected around the deceased's body at the time of the investigation, and there was no possibility that two carts were shot out of the investigation records of the deceased's body unless it was discovered that there was a serious possibility that two carts were carried out after the investigation of the deceased's body.

( 바 ) 사체가 사후 이동되었는지 여부에 대한 판단을 제10호증의 5 내지 14의 각 영상에 의하면 망인의 사체가 발견된 현장 사진에 흉부 총상으로 인하여 출혈된 흔적은 별로 없고, 두부 총상으로 인하여 출혈된 흔적은 망인의 두부 오른쪽 아래에 나타나지만 그 양이 많지 않은 사실, 망인의 사체 주변에 사체의 골편이나 파손된 뇌조직이 흩어진 흔적이 확인되지 않는 사실을 각 인정할 수 있다. 그러나 위 증거 및 갑 제9호증의 22, 260, 을 제12호증의 5, 을 제19, 24호증, 증인 ㅎ의 증언, # # 대학교 법의학연구소장에 대한 감정결과 회신에 변론 전체의 취지를 종합하여 인정할 수 있는 다음과 같은 사정, 즉 i ) 당시 헌병대 수사기록에는 사망자의 두부 좌전방 30㎝ ~ 1m 일대에 골편이 산재해 있다고 기재되어 있는 점, ii )이 사건 사고 현장을 가장 잘 목격한 사람 중의 한 사람인 드는 의문사위 조사 시 “ 현장 주변에 피가 별로 묻어 있지 않은 크고 작은 대여섯 개의 골편이 사체 좌측 언덕 부위에 흩어져 있던 것을 본 기억이 나는데 피는 별로 없었던 것 같다. 하얘가지고 안쪽에 살점이 붙은, 손톱 크기 만한 골편이었던 것으로 기억한다. ” 고 진술한 점, iii ) 망인의 사체에 있는 두부 총상의 사입구는 오른쪽 전두부이며 사출구는 왼쪽 두정부로서 고속발사체인 M16 소총의 총알이 관통하면서 총알이 관통하는 부분 근처의 주위 조직이 파열되고 상당한 양의 출혈이 있을 수 있지만 망인이 흉부에 먼저 2군데 총창을 입었다면 망인의 부검 당시 흉강 내에 상당량의 혈액이 고여 있었고 사입구와 사출구를 통한 출혈도 많았던 것으로 보아 그렇지 않은 경우보다 두부의 출혈량이 줄어 들 가능성이 있으며, iv ) 두부 쪽의 사출구 및 사입구 모두 두부의 전방 또는 앞쪽 측방에 있어 혈액이 흐르기 어려웠던 점 ( 원고측에서 제출한 두부 총상 사진은 모두 두부가 대부분 손상되었거나 사입구나 사출구가 지면 쪽으로 있어 출혈이 용이한 사체의 모습으로 이러한 사진과 망인의 사체 사진을 비교하는 것은 적절치 않아 보인다 ), v ) 두부 총상으로 인하여 손상된 뇌조직과 골편은 M16 소총의 강한 회전력으로 인하여 파괴되어 흩어졌을 것으로 보이므로8 ) 당시 찍은 현장 사진에는 뚜렷하게 나타나지 않았을 것으로 보이는 점 ( 을 제19호증에 소개된 두부 총상으로 인한 사망 현장에서도 혈흔이 비산되어 있으며, 그 비산거리는 1미터를 훨씬 넘는 것으로 보인다 ), vi ) 망인의 키가 181cm로 건장한 체격이어서 폐유류고로 올라가는 좁은 경사길을 통하여 이동하기 위해서는 여러 사람의 도움이 필요하고, 이동하였을 경우에는 망인의 두부에 남아있는 혈액이 흐른 흔적이 여러 방향으로 나타나는 것이 당연할텐데 방향이 거의 일정하며 , 사체 이동 시 나타날 수 있는 끌린 흔적이 전혀 없고 비교적 단정한 복장 상태로 발견된 점 등 망인의 사체를 폐유류고로 이동한 흔적이 없는 점 등을 종합할 때 망인의 사체가 첫 총상 후 이동되었다고 보기는 어렵다 . ( 사 ) M16 소총으로 흉부에 2발, 두부에 1발을 발사하여 자살하는 것이 가능한지 여부

갑 제10호증의 47, 129, 을 제9호증의 각 기재 및 앞서 살펴 본 법의학자들의 법의학적 의견에 변론 전체의 취지를 종합하여 인정할 수 있는 다음과 같은 사정, 즉i ) 망인과 신체 조건이 비슷한 사람이 M16 소총으로 흉부 및 두부에 총상을 가하는 발사 자세를 취했을 때 전혀 부자연스러워 보이지 않는 점, ii ) M16 소총을 여러 발발사하여 자살한 예는 드물기는 하지만 없지 않은데 1995. 10. 경 ○○ 소위가 복부에 2발, 우측 두부에 1발을 각 발사하여 복부 관통 총창 및 두부파열상으로 사망한 예가 있고, 1980. 2. 경에는 상병 ○○○가 M16 소총으로 자신의 하복부에 6발을 발사하고 턱밑에 1발, 입에 1발 등 총 8발을 발사하여 자살한 예가 있으며, 1981. 2. 경에는 이병 ○○○이 M16 소총으로 복부에 1발, 좌 대퇴부에 5발을 발사하여 자살한 예가 있는 점, iii ) 법의학자들은 대부분 흉부에 있는 2군데의 총상은 폐를 관통하였지만 모두 심장을 관통하지는 않아 치명상이 아니며 폐 손상 그 자체로는 의식을 잃거나 심장이 멎어서 어떤 행동도 할 수 없는 상태가 되지 않으므로 그 총상 후에도 다시 두부에 총을 쏘는 것이 불가능하지 않다는 소견을 제시한 점, v ) 총기 사망 사건의 부검 경험이 많은 재미 법의학자 치는 망인의 총상은 자살을 목적으로 할 때 총을 쏘는 전형적 장소라고 밝히고 있는 점 등을 종합할 때 M16 소총으로 흉부에 2발, 두부에 1발을 발사하여 자살하는 것이 드물기는 하지만 불가능하다고 할 수는 없다 . ( 아 ) 기타 다른 주장에 대한 판단

1) The head of the Si/Gun/Gu ordered the operation of the time of hearing the total gender, and that he does not look at the usual GOP patrol.

However, the fact that the GOP patrol was conducted on the date of the instant accident is doubtful, but there is no direct connection between the above circumstances and the cause of the deceased’s death. 2) Moreover, with regard to the fact that the color color near the left side and the right side of the chest is different, it shall be deemed that it is based on the difference between the contacter and the launch range or the difference between the launch range. As seen earlier, it is difficult to accept the above assertion that the evidence consistent with the above is insufficient to view that the time of the report to the large and joint team and the fact that it was conducted on the upper side of the deceased’s M16 small gun at the time of the instant accident, and that it is difficult to find that it is difficult to confirm the fact that it was not possible to view that the above part of the deceased’s M16 M& gun at the time of the 19th M&M as it is difficult to confirm the fact that it is difficult to view that there is no 10 to 10,000 M&M’s current photograph as it is hard.

(4) Comprehensive conclusion

위에서 살펴 본 주요쟁점에 대한 판단 ( 타살 또는 사고사 가능성을 지지하는 여러 주장 및 증거자료들의 배척 ) 에 더하여 위 증거들 및 법의학적 소견에 변론 전체의 취지를 종합하여 인정할 수 있는 다음과 같은 사정, i ) 좌측과 우측 흉부, 두부 총상 모두 생활반응이 나타나므로 3군데 총상 모두 근접한 시간 내에 발생하였을 것으로 보이는 점, ii ) 3발의 총상 모두 접사 또는 근접사이므로 망인 스스로에 의한 총상의 가능성이 높고 타인에 의한 총상이라면 굉장히 드문 예가 될 것인 점, iii ) 망인의 좌측 손에 나타난 파열창은 그 형태 및 매연 부착의 양상을 살펴 볼 때 총구를 움켜 잡은 것으로 보기 힘들고 엄지와 검지 사이에 총구를 올려 놓고 총알을 발사한 것으로 보이며, 좌측 손목에서 팔꿈치 방향으로 흔적이 옅어지는 발적흔도 총알이 발사될 때 나오는 소염에 의하여 발생한 것으로 보이는데 그 위치나 면적 등을 고려할 때 총구를 잡고 있다가 생긴 것이라고 보기보다는 총구를 지지하고 있다가 생긴 것이라고 봄이 상당한데 가해자가 총을 쏘려고 하는데 총구나 총신을 잡아 이를 막지 않고 총구를 지지하고 있다는 것은 상식적으로 잘 납득하기 어려운 점, iv ) 이 사건 사고 당일 아침 망인을 목격하였다는 여러 부대원들의 진술이 있는 점, v ) 중대장 그는 평소 괴팍한 성격으로 부대원들 및 망인을 괴롭혀서 망인이 1984. 2. 경 그에게 소대로 보내달라고 부탁하였으나 묵살당하였고, 이 사건 사고 당일 아침에도 그는 전투복을 잘못 다렸다는 이유로 망인을 야단치고, 철모 지대가 잘못 되어 있다는 이유로 망인의 선임병을 폭행하여 망인이 심한 불안감과 모멸감을 느꼈을 것으로 보이는 점, vi ) 망인 소속 부대는 전방 GOP부대로서 평소 외부인의 접근이 불가능하여 타살이라면 소속 부대원에 의한 것일 가능성이 큰데 망인이 평소 성실하고 착하여 누구에게도 미움을 받지 않았기 때문에 타살 이유를 찾기 어려울 뿐만 아니라 사체 이동의 흔적이 없으므로 망인의 사망

It is reasonable to view that the cause of the deceased’s death is suicide in full view of the following: (a) the branch of the deceased’s body is closed oil; (b) there was no special movement in his wife before and after the time of death; (c) all of the unit members belonging to the deceased are known; (d) most of the legal scholars do not make it impossible for the deceased to do so over three times with Ma16 small guns and two parts; and (e) the launch attitude is difficult; and (e) the cause of the deceased’s death is the suicide. The detailed circumstance is that the deceased’s death was committed by one launch on the left side and the right side side of the deceased’s two sides with the left hand in the 16 small guns, but the deceased’s own launched one on the left side of the two parts of the deceased’s body without the immediate death.

4. Determination on the assertion of tort liability due to the concealment, manipulation, etc. of the case

A. Determination as to the assertion of concealment and manipulation of unit members, military investigation agencies, and special aid teams belonging to the Deceased

The plaintiffs, on the premise that the deceased died as a cause other than suicide, that is, a cause other than suicide, that is, death by death or death by accident, concealed the case by military unit members, such as military police units, etc., by falsely reporting the deceased's death to the upper part of suicide. As such, the military investigation agencies including military police units, and special rescue groups alleged that the deceased intentionally concealed and fabricated the truth in the process of investigating the accident of this case, and dealt with the case as a suicide. As seen earlier, as long as the cause of death of the deceased is deemed as a suicide, it is without merit without any need to further examine the concealment and manipulation of military unit members, military investigation agencies,

B. Determination as to the assertion that consolation money has occurred due to a significant improper investigation by the military investigation agency

However, the main contents of the plaintiffs' assertion are that the military investigation agency attempted to conceal and manipulate the case of the deceased and failed to properly reveal the causes of the death of the deceased. The above argument does not sufficiently investigate the suspected part of the death, even though it is a case of death due to suicide as well as a case of death due to suicide. Thus, it can be examined below. (A) The military police officer of the military police team of April 2, 1984, reported the death consciousness of the deceased on April 2, 1984, and called the scene of the accident. On the day of investigation and investigation on the day, there was no prosecution right of the deceased, and the prosecution right of the military prosecutor of the military prosecutor's office against the damage of the victim's right to prosecution, the prosecution of the crime of obstruction of the execution of the military prosecutor's order, the prosecution order of obstruction of the execution of the military prosecutor's punishment, and the prosecution order of obstruction of the execution of the military prosecutor's punishment as a fraudulent measure, and the prosecution order of obstruction of the execution of the military prosecutor's order.

(B) According to the recognition report prepared on April 2, 1984, on the date of the instant accident, by the military police officer of the Army ○○ Group, on April 2, 1984, the identification background was indicated as the "the report of an excursion ship by Mau affiliated with the military police officer on April 14:00." The military police officer's arrival at the military police site and 10:50, the total amount of 2,000,000,000, 13:00,000, and 16:0,000,000, and 13:00,000, were found, and two,000,000,000 were discovered around the deceased's body, and only two,000,000,000,0000,000,000 were stated as follows.

i) Inasmuch as it is not possible to enter a mine other than a road and a parking lot, it is not possible to transport the body after killing it in another place to the place of discovery of the body, i.e., it is found within the range of 50 cm from the person who committed suicide. Thus, it is proved that the three guns have been emitted in the same place, i.e., on April 2, 1984.

M16 small guns, 1, 3 balls, 5 ball cartridgess, and 73 ball cartridgess are seized, and the body is scattered from 30 cms to 1ms of the two parts of the deceased, and these places are stated as "proof that they are the site of this case" (However, it is not clearly confirmed whether the body is in the field photographs).

ii) Other military police officer's investigation records describe the following as "one point at the time of "(1)" three (2) 15 (2) remaining 15 (13, 3) remaining 100 (13, 4) remaining 75 (75) of the basic carrying capacity of a person who committed suicide can bring about suicide at the place of suicide: (4) 1) 1) 1) 1) 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 m2.

iii) The motive for suicide was in a family relationship, although there was no problem with the aid relationship with the military unit, it was an atmosphere in which the staff of the serious headquarters want to be assigned to the military outside of the serious headquarters by creating a cruel act and an atmosphere of fear, and the serious president was verbal abuse and abusive language, bruting and bruting it even during so far, and was in an atmosphere, so long as it did not assault the commander or the serious head of the military team, and did not guarantee the duration of the accident, it was seriously tending the head of the military team on the day of the accident and was erroneous, and it was hard to see that it was hard to view that it was 3 prut without questioning the head of the military team on the day of the accident, and that it was hard to see that it was difficult to see that it was 10 prut and 3 prush on the day of the accident."

4. In the presence of the Plaintiff A, the military police commander conducted a guns launch test at the site of the instant accident, and entered that the headquarters was unable to listen to the test. (D) Although the total number of the deceased’s guns in the certificate of delivery of evidentiary materials attached to the written request for firearms appraisal prepared by the military police commander, the military police commander was modified by slids, the explanation thereof is not completely added.

(E) Only one of three parts of the three parts is attached to the appraisal report attached to the firearms prepared by the Army Scientific Investigation Institute on the ground that the three projectiles emitted from the guns of 6049, a total number of 6049, are the same as the launch trace.

(f) At the time of the investigation into the deceased's death, b, who was a military police investigator, found that "two thoms were found around the body of the deceased, and one thoms was involved in the body of the deceased. It does not know that two thoms were found in the military police unit records and stamp reports." While the military police investigator stated that c was 2 thoms around the deceased's body and 1 thoms were found around the deceased's body, it was recognized that there was no such record that there was only two thoms around the deceased's body, and that d was found to have been dead when the military police investigator stated that "at the time of the investigation into the deceased's death, j, x 2 thoms were dead, and that there was no serious danger that the military police officer was summoned during the investigation into the death of the deceased."

【Ground of Recognition】 Decision 52, 89, 110, 115, 121, 137, 139, 151, 183, 184, 201, 202, 207, 41, 10-1, 12-1, 12-1 through 19 of the evidence No. 10, 207, and 10-1, 12-1, 12-1, 200 of the whole pleadings, and (a) Decision 52, 89, 110, 115, 121, 137, 139, 15, 15, 201, 207

A judgment is an act of delegation of reasonable discretion so that an investigative agency can exercise its authority properly in response to all circumstances. Therefore, in order to evaluate that an investigative agency’s determination as to the investigation activity and the commencement of an investigation pursuant to the investigation is illegal, in light of the purport and purpose of the relevant Acts and subordinate statutes, such as the Criminal Procedure Act, it should be recognized that the investigative agency’s failure to take necessary measures according to the specific circumstances is considerably unreasonable or that it has reached an extent that it is considerably unreasonable in light of the empirical and logical rules (Supreme Court Decision 2004Da14932 Decided December 7, 2006).

In particular, in cases where crimes or accidents occur within the military forces, the military forces are in strict control and isolated under the direct management of the State, and it is difficult to ensure the victim's participation or surveillance. All of the evidence or witnesses related to the military are not allowed to have access to the substance of the case inside the military without cooperation of the military forces. Since the people are serving military forces to perform the duty imposed on the Constitution, the State bears the duty to protect the life and body of the soldiers and to take care of the soldiers, and the State is required to take appropriate measures against them even if the accidents occur in the military, it should thoroughly preserve the scene of the case and make sure that there is no inconsistency between the military investigation authority's duty to protect the victim's interests and to protect the victim's interests in the investigation process, and thus, the degree of duty to protect the victim's interests in the military through strict investigations into the contents and causes thereof is higher than that of the military investigation authority's duty to protect the victim's rights and interests in the military and to protect the victim's interests from any inconsistency in the investigation process.

(B) Measures necessary to exercise investigative authority in the instant case by the military investigative agency

We examine whether the failure to take action is deemed considerably unreasonable or whether it has reached the extent that it is considerably unreasonable in light of the rule of experience or logic.

According to the above evidence and facts, the following circumstances are recognized.

① Since the body of the deceased is composed of three parts, there must be three parts of the body of the deceased, and if the body of the deceased is not found, it should be thoroughly examined the reasons therefor, and there should be no doubt as to whether the body was well preserved at the site, and whether the body was not moved. However, the investigation records are found that the first investigation records include two parts of the body of the deceased, as a result of a re-examination, and that there was three parts of the body of the deceased, and that there were three parts of the body of the deceased. However, at the time, there was no explanation as to how the rest of the body was discovered at any time and place of the body of the deceased. In addition, the military police investigator B, and C found two parts of the body of the deceased, and the first part of the investigation records did not know that there were two parts of the investigation records."

② Despite the fact that the body of the deceased had a total of three parts, most of the general members of the deceased have heard two parts of the body, so it is necessary to conduct a launch test of M16 small guns and investigate the cause thereof, but without any special reason, the sound would be weak in the case of a fast shooting, and even if the place of suicide was reduced under the morality, it is deemed that it was impossible to listen well at the opposite place, and the presumption was stated that it was impossible to listen well, and that the bereaved family of the deceased did not explain sufficiently.

③ The investigation records of the military police corps consisting of two parts of the deceased, namely, 30 cm to one meter from the two parts of the deceased to 1m. While it is indicated as the “verification that such place is the site of the case,” it is not sufficiently confirmed whether the body was fright at the time of the accident. Whether the body of the deceased was fright or fright, etc. is a core element to determine whether the body of the deceased died at the site of the accident, and whether the body of the deceased was frighten or fright, etc., is a body of the body of the accident, and the body of the deceased did not do so as to be attached to the investigation by affixing a photograph of the body of the deceased, and only the photograph of the body of the deceased was stamped by the body of the deceased. In addition, it is difficult to find out a trace of scattering of the body of the deceased and the body of the brain.

④ From among the serious personnel belonging to the deceased, there were many persons who found that the deceased could not commit suicide for the reason other than suicide, among those who were not suicide. In addition, even though there were many people who had a doubt about the death situation of the deceased, they sought to seek advice from military units or private medical practitioners, or to seek advice from military units or private medical practitioners, or to terminate the case as a suicide without any investigation as to whether the death of a soldier, who had physical strength such as the deceased, could not commit suicide for 16 who could directly launch M16.

(5) Despite the fact that the assessment of firearms in the event of the death of a gun is a key factor and the process of checking whether it is a gun in the scene of the incident is necessary, the total numbers of the deceased’s small numbers in the certificate of delivery of evidentiary materials attached to the written request for assessment of firearms prepared by a military police unit are modified by shotly, but no explanation is added thereto.

6) Since it is essential to conduct a private investigation on whether the shot in the same guns as the shot in a firearms death accident is essential, an appraiser shall conduct an appraisal procedure transparently and fairly, and even if such process should be revealed in the appraisal report, the appraiser column attached to the firearms report prepared by the Army Science Investigation and Investigation Research Institute, attached only one out of three guns, on the ground that the shot in the total 604649 is identical to the shot in the launch trace of three guns, so it is impossible for a person who intends to confirm the shot in the post facto report to verify whether the shot in the report is identical with the actual launch trace.

7) Despite the fact that the total time of the instant accident was essential to grasp the background of the death, such as suicide and other suicide, it was immediately concluded without examining the credibility of the statement by the statement. Even if the military police officer’s major situation reporting time, namely, the total time of the death (round April 10: 50) and the suicide time (round April 2. 09: 50) of the call book to the Military Prosecutors’ Office, the military police officer’s military police officer’s military police officer’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military prosecutor’s military police officer’s military investigation record at intervals of 13:20,000, and the assumed time of death was 1:4,000,000 first and later, 1:4,000,000 first and later, 1:4,000.

8) On the day immediately before the accident in this case, the headquarters held that 1, 3, and 44 drinking alcohol had been drunk and that there was a disturbance in the process of the accident in which drinking was prohibited without significant difference between time and time, and thus, it is necessary to investigate the relation between the act and the accident in this case. However, a military police officer did not conduct any investigation into the relation between 3, 44 with the drinking place and the accident in this case (no such investigation was conducted).

1⑨ 총기 사망 사고에서 사인을 밝히기 위해서는 총기에 혈흔이 묻어 있는지 , 그 밖에 단서가 될 만한 다른 것이 묻어 있는지 확인해 보아야 할 것이나 헌병대 수사기록 상 그러한 조사를 했음을 인정할 만한 자료가 전혀 없어 현재로서는 현장 사진을 통해서 혈흔이 묻어 있는지, 흙이 묻어 있는지를 추정해볼 수밖에 없다 .

① The autopsy did not conduct an examination to identify the possibility of suicide with the premise that suicide was committed. As such, the autopsy did not conduct the work to identify whether the pro rata hand is image by infection of a gun or the work to identify it in a string (it is difficult to see the left part, and the left part of the front or combat clothes is likely to be known). (ii) The military police branch did not conduct an examination to clarify the reason in the color of the body photograph, the left part of the body photograph and the upper right part of the chest and the upper right part of the plebing part, and (iii) the examination of the above contents could assist the time of presumption of death, but did not conduct such investigation, and there was no investigation to presume the whole time of death.

① In the past ten years from the closure of the investigation of military police officers of an association, the military investigation team of the Army and the office of the headquarters of the Army had re-audited the accident of this case on several occasions, but did not conduct re-audit on the part which was significantly poorly investigated, and the results of the first investigation of the military police force of the military police force were repeated.

In full view of these circumstances, the military police officer at the time recognized that the military police officer's duty to preserve the scene of the case thoroughly as a military investigation agency and to ascertain the substantive truth through strict investigation on the content and reason thereof is higher than that of the general investigation agency, but it is considerably unreasonable to take necessary measures for investigation or that it has reached the extent that it is considerably unreasonable in light of the empirical and logical rules, or that it is considerably impossible to affirm the rationality in light of the empirical and logical rules. Therefore, such military investigation agency's act constitutes tort due to infringement of personal legal interests in relation to the deceased's family members and is liable to compensate for damages therefrom.

5. Judgment on the defendant's assertion of extinctive prescription

A. The defendant's assertion

The defendant asserts that since the date when the plaintiffs' tort occurred on April 1984, the damages claim occurred, five years have already passed since the date when the damages claim occurred, and the time when the plaintiffs became aware of the damages and the identity of the perpetrator caused by the defendant's tort is around September 10, 2002, which was concluded that the deceased was killed at the time of the Speaker's death, and that the lawsuit of this case was filed on April 16, 2007 with the limit of three years from that time, and therefore, the plaintiffs' damages claim as to this case was extinguished by the prescription.

B. Determination

(1) The claim for damages against the State caused a tort shall expire three years after the victim becomes aware of the damage and the perpetrator, or five years after the date of the tort. Since the lawsuit of this case seeking damages against the defendant is apparent in the record that the lawsuit of this case was filed on April 16, 2007 after the lapse of five years from April 1984 when the military investigation agency had made a significant improper investigation into the defendant, and barring any special circumstance, the plaintiffs' claim for damages against the defendant was extinguished by the statute of limitations. (2) As to this, the plaintiffs committed a tort by using the state power in this case, and thus, the defendant's assertion for the completion of the statute of limitations against the damages claim of this case against the defendant constitutes a violation of the principle of good faith or an abuse of rights.

It is argued that it is, therefore, examined.

The exercise of the obligor's right of defense based on the statute of limitations is governed by the principle of good faith and the prohibition of abuse of rights, which are the major principles of our civil law. Thus, in special cases where the obligor has made it impossible or considerably difficult for the obligee to exercise the obligee's right or the interruption of prescription prior to the completion of the statute of limitations, or acted to make it unnecessary to take such measures, or the obligee has objectively obstructed the obligee from exercising its right, or the obligor has shown the same attitude that the obligor would not invoke the statute of limitations after the completion of the statute of limitations, or where the obligor has made the right holder trust it, necessary to protect the obligee, or where other creditors under the same conditions receive the repayment of the obligation, etc., making it remarkably improper or unfair to allow the obligor to claim the completion of the statute of limitations as an abuse of rights against the principle of good faith (see Supreme Court Decision 2004Da33469, May 29, 2008).

In full view of all the arguments in the above evidence, Gap evidence and Eul evidence Nos. 2 through 10, and Eul evidence Nos. 13 (including each number number). After the occurrence of the accident in this case, the military police officers of the ○○ Group issued the investigation results that the deceased's private person was suicide, but the plaintiff A requested a full-time re-investigation. Since that time, the military police officers of the ○○ Group, the 1 Military Command, the 1 Military Command, the 20th Military Criminal Investigation Group, the 10th Military Criminal Investigation Group, the 20th Military Criminal Investigation Office, the 20th Military Investigation Office, and the 2nd Military Investigation Office of the 2nd Military Investigation Agency were reviewed over several occasions, but the judgment that the deceased died, and the plaintiff A received the authenticity of the accident in this case from the time of the 2002 Military Investigation Agency and other occasions, the extensive investigation of the part of the deceased at the time of the investigation and re-investigation of the 2nd Military Investigation Agency was conducted.

8. 20. Upon announcing the results of the interim investigation by the Ministry of National Defense on November 28, 2002, the special investigation team was immediately organized to conduct a re-investigation from August 26, 2002 under the circumstances where the investigation by the Council of National Defense was being conducted, and the results of the investigation by the special investigation team were again announced on September 10, 202 after the first inquiry by the Council of National Assembly was announced on September 28, 2002. The special investigation group decided that the results of the investigation by the relevant witness were suicide again again announced on November 28, 202. The special investigation group did not conduct a re-investigation on the part investigated by the Council of National Defense, such as holding a debate by the medical practitioners and re-investigation of the unit members at the time, but did not conduct an investigation by the principal witness more than 20. The results of the investigation by the relevant witness during the first 20-day period from the end of 200 to the second 20-day period.

According to the above facts, the plaintiffs requested the defendant to clarify the truth of the case over several times for ten years from the date the result of the final investigation of the question-finding after the occurrence of the accident of this case was announced. However, although the first military police team investigation was announced in 2002, the results of the investigation of the question-finding that was conducted for the first time, but at the same time, a number of questions were raised about the investigation of the question-finding that was conducted for the first time by the special investigation team, and the fact that the fact of this case was conducted separately by raising questions about the contents of the question-finding that was conducted for the first time, and the fact that social controversy was raised after the truth of this case was raised in 204 and that the conclusion of the question-finding was announced again can be confirmed.

In full view of this point, the plaintiffs appeared to have difficulty in understanding the situation of the military investigative agency at the time due to the formal investigation conducted by the military investigative agency under the defendant's control until the result of the investigation conducted at least one question-finding was announced. Even if the plaintiffs were able to grasp a certain degree after the result of the investigation conducted by the first question-finding, the special investigation group denied the whole investigation conducted by the defendant during the process of the question-finding investigation conducted again, and then publicly announce the deceased's private person as suicide again, and then again announce the deceased's private person by re-investigation into the investigation conducted by the second question-finding and the first question-finding conducted again through re-investigation into the contents of the investigation conducted by the defendant's action, it is reasonable to view that it was impossible or considerably difficult for the plaintiffs to exercise their right to claim compensation of this case from June 28, 2004, which was the date of announcement of the first question-finding investigation conducted by the defendant, to the extent that it was difficult for the plaintiffs to exercise their right to remedy after the expiration of the statute of limitations.

Therefore, the fact that the lawsuit of this case was filed on April 16, 2007, before five years passed from June 28, 2004, counting from the date on which the de facto disability that was impossible to exercise the plaintiffs' rights was terminated is clear in the record. Thus, the defendant's assertion on the extinctive prescription is accepted.

D. (No difference exists in the conclusion since the instant lawsuit was filed before three years have elapsed since it was found that the military police officer's investigation was conducted significantly poor as a result of the investigation conducted by the second question investigator.)

6. Scope of damages.

(a) Amount recognized;

나아가 피고가 지급하여야 할 손해배상액의 범위에 관하여 살피건대, 앞서 든 각 증거에 변론 전체의 취지를 종합하여 인정되는 아래와 같은 사정, ① 군대 내에서 범죄나 사고가 일어나는 경우 군대는 국가의 직접 관리 하에 엄격히 통제되고 격리되어 있는 집단으로서 외부인의 접촉이 차단되고, 그 수사과정에 피해자의 이해관계인들의 참여나 감시가 보장되기가 힘든 점, 그에 관한 증거나 목격자들도 모두 군대 내부에 있어서 외부인의 접근이 허용되지 않아 외부인으로서는 군대의 협조 없이는 사건의 실체에 대한 접근이 불가능하므로 군수사기관이 제대로 수사를 하지 아니하는 경우에는 피해자의 유족은 큰 고통을 당하게 될 가능성이 큰 점, ② 망인의 사망 사건을 수사한 당시 헌병대는 유족 뿐만 아니라 많은 부대원들이 그 사망원인에 대하여 타살이 아닌지 의심을 품고 있었을 뿐만 아니라 실제로 총성 청취 횟수나 탄피의 개수, M16 소총으로 3발을 쏘아 자살이 가능한지 여부 등에 대하여 충분히 의심할 만한 합리적인 이유가 있음에도 불구하고 이를 밝히기 위한 어떠한 노력도 하지 아니한 채 성급하게 자살로 결론을 지어 버린 점, ③ 결국 이 사건 사고가 의문사가 되어 30년 동안이나 진실을 규명하기 위한 공방이 벌어지게 된 데에는 당시 헌병대의 현저히 부실한 수사가 가장 큰 원인이 되었다고 할 수 있는 점, ④ 이로 인하여 망인의 유족은 수 차례 군에 재조사를 요구하거나 국가기관에 민원을 제기하였으나 군에서는 당시 헌병대의 부실한 수사 결과만을 반복하였을 뿐이어서 실질적으로 의혹이 제기되는 부분에 대한 재조사는 전혀 이루어지지 아니한 점, ⑤ 국가기관의 도움을 받지 못한 망인의 유족으로서는 어쩔 수 없이 스스로 이 사건 사고의 실체 관계를 규명하기 위하여 망인과 같이 근무하였던 부대원들의 주소지를 일일이 수소문하여 그 주소지를 찾아가 당시 상황을 들을 수밖에 없었던 점, ⑥ 이와 같은 사건의 재발을 방지하기 위해서 국방부의 재발 방지노력, 즉 헌병제도의 개선 및 민간 법의학자가 참여하는 법의관 제도의 도입 등을 촉구할 필요가 있는 점, ⑦ 이와 같은 사건으로 망인의 유족뿐만 아니라 병역의무의 이행을 위하여 자녀나 피보호자를 군대에 보낸 부모와 보호자들도 불안과 고통을 느꼈을 것으로 보이는 점 등 이 사건 변론에 나타난 제반 사정을 종합해 볼 때, 위자료로서 원고 甲, 乙에게 각 150, 000, 000원을 인정함이 상당하다 ( 원고 丙, 丁, 戊는 군수사기관의 부실 수사 부분에 대하여는 위자료 지급을 청구하고 있지 아니하므로 원고 甲 , 乙의 위자료액 산정 시 참작하기로 한다 ) .

B. The amount of damages against the plaintiff A and B

Therefore, the Defendant is obligated to pay to Plaintiff A and B 150,000,000 won each of the above amounts, and to pay damages for delay at the rate of 5% per annum prescribed by the Civil Act from May 28, 2013 to August 22, 2013, which is the date of the closing of argument in this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

7. Conclusion

그렇다면, 원고 甲, 乙의 피고에 대한 각 청구는 위 인정 범위 내에서 이유 있어 이를 인정하고, 나머지 청구는 이유 없어 이를 기각하고, 원고 丙, 丁, 戊의 피고에 대한 각 청구는 이유 없어 이를 모두 기각할 것인바, 제1심 판결은 이와 결론을 달리하여 부당하므로 원고 甲, 乙에 대하여 피고의 항소를 일부 받아들여 제1심 판결의 피고 패소부분 중 위에서 지급을 명한 부분을 초과하는 부분은 이를 취소하고, 그 취소부분에 해당하는 원고 甲, 乙의 청구를 각 기각하고, 피고의 원고 甲, 乙에 대한 나머지 항소는 이유 없어 이를 기각하기로 하며, 원고 丙, 丁, 戊에 대하여 피고의 항소를 모두 받아들여 제1심 판결을 취소하고 위 원고들의 청구를 모두 기각하기로 하여 주문과 같이 판결한다 .

Judges Gangnam-gu of the presiding judge

Judges Park Jong-dae

Review of Abuse of Judge

1) However, on April 4, 1984, after the date of the occurrence of the instant accident, the autopsy was conducted on the deceased’s body, and the autopsy was conducted on the deceased’s body.

In the case, there was a red color of the left part of the wind door which is similar to the right side.

2) In the process of attaching firearms to the mar between the left hand and the marbris, deeming them to be a defensive trace in the process of cutting down firearms.

Legal practitioners are almost little, and it is difficult to view the location and form of the mhetor as a defensive trace.

3) Form of the exit of the right and the left chest (the left chest shall be sloping with her upper wheels towards the outside of the body centered on the gun.

The body of the deceased has a relatively different shape of the deceased's body centered on the total body, and the right and the right side of the deceased are different.

In light of the size and form of the gun trace on the left side of the gun, and the form of clothes are different from that of the tear, etc., the gun and body of the gun are different.

It seems that the distance, the emission angle, etc. had been different.

4) The body of the prosecutor’s body is to have different colors from the upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper part at the time of an investigation of the doctor’s death.

The reason was that the left side was incurred after the number of time, but the court stated that it would not know about the correct cause in the trial.

C. Most of legal scholars have different views from 8.

5) P in the early 16th place, who had been working for a situation, shall show visibility with the report of the total hearing from a person working for the first place of the question room.

The point of view was 10:52, and it was stated that it was stated in the situation log, and confirmed the total time other than P accurately.

There seems to be no member (No. 9 No. 19, 115).

6) Each entry of Gap evidence 9-10, 19, 22, 126, 127, 137, 139, 162, 171-131, and Eul evidence 12-20

the following circumstances, i.e., X at the Head Office of the A.M. on April 2, 200:

13: The deceased's body was found in 20: 4.1 on the preceding day.

YY is likely to cause confusions with the medium time of the original unit, as it has been dispatched to the Central Headquarters from the 4th Central Group to the Central Headquarters, ii) Y

The term "the deceased was found to have been originally promoted with the deceased, but did not find it, and the meals were about 12:0 times, so he/she had a heavy consciousness before finding it.

iii) W is the normal point point time before and after 12:0 p.m., W. 16:00 p.m.

Since the 14th century occurs, it is necessary to see more early. If more than 12 seconds, it is difficult to see at the time of drinking.

Therefore, it shall be memory that we can boom up at a time not exceeding 11 cc. It shall not be memory more than 1 cc in the first instance.”

M iv) M has stated that “The situation has been reported to the situation where the total amount of dust has been observed, and the dust has been generated on the side of the material headquarters oil - n.e.

D. As a result, she thought that she was frighten, and that she was frightened. At the point of 20 to 30 minutes, the following she was frightened by the middle frighter.”

v) The point that he knows, from 09:30 to 10:30, his memory that he initiates patrols between 30, vi) is a party.

At the time of the investigation of the Si Military Police Team, “First of all, Z and K subject to brping from 21 seconds, Ga to 19 seconds boundary points after the Syman inspection.

At least 30 to 40 meters from the 21st place of origin, the direction for the management of a book line shall be given, and the total amount of the book shall be heard and continued to be moved and 16 seconds shall be moved.

To live in and around the internal base and its surroundings, to the 14th beginning, send the 16th beginning to the 14th beginning, and to the 14th beginning and while moving from a bbb.

W W’s patrol call time from 09: 10 to 09: 20

J. The total sex report was around 09:30, and around 09: 50 to 10:0, the deceased was found, and the president found the deceased from Y and X.

10: 10: 10: 40: 10: to 10: 50: A statement that the head of the Si/Gun/Gu reported to the General;

I. Vill) Military police commander A, military police investigator B, c, and d, all of which are memoryed as being involved in an accident in the morning, i.e., x Domindo.

From 11: From 00 to 13: When compiling the fact that a report has been made between 00 and 00, etc., when listening to the total gender;

(10: 11 to 11: It is reasonable to view that the time for discovery of the corpse is between 11 and 30, and that the time for discovery of the corpse is between 00 and 11:30, and 10,000,000

From 30 to 12: from 30 to 00, the time of report to the commander shall be presumed to be between the two values.

W was paid 30,000,000 won from the Speaker as compensation for responding to the investigation of the Speaker (Evidence B No. 21).

8) - According to the theory of the re-conscept of the crime scene, when he/she suffers damage to firearms, he/she is often subject to shock spact spact spacts.

corporation. The power created when passing through the body of the person is shocked to blood blodd'tts (Dood'tts) from the upper part of the body.

Scambling type (i.e., the diameter of which does not exceed 1m) of scambling scambling type (e.g., the scambling of which does not exceed 1m)."

24 No. 24)