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(영문) 부산지방법원서부지원 2020.11.25 2020가단106860
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff served as the secretary-general of the E organization from November 1, 2014 to October 31, 2016, and during the period when the Plaintiff serves as the secretary-general of the said E organization, Defendant B served as the secretary-general of women’s bureau, Defendant C as the president, and Defendant D as the president of women’s bureau.

B. On February 28, 2018, Defendant B filed a complaint with the Plaintiff on the purport that “The Plaintiff, on November 2014, at Fnonoman’s house, committed indecent act by force against Defendant B”.

C. As a result of the investigation of the above accusation case, the investigative agency indicted the Plaintiff on August 31, 2018 as the following facts charged (hereinafter “instant facts charged”).

(C) On November 1, 2014, the Defendant committed an indecent act by force against the victim, who was the secretary general of the E organization, and was a member of the victim B (the victim B). On November 21, 2014, the Defendant, on “sing room” located in Busan Sho-gu G, Busan, on the top of 21:00, committed an indecent act against the victim by force, such as using the bucks of the victim and the members of the E organization, and rhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

The court of first instance rendered a judgment not guilty on August 13, 2019 on the ground that the evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond a reasonable doubt in light of the following: (a) the statement of the relevant persons, including Defendant C and D, at the time of the instant case, is inconsistent or inconsistent; and (b) the time and circumstances of the accusation by Defendant B, the victim, based on the evidence submitted by the prosecutor, etc.

E. A prosecutor filed an appeal against the above judgment (the Busan District Court 2019No27555), but the appellate court dismissed the prosecutor’s appeal on April 3, 2020, and the above judgment became final and conclusive on April 11, 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 5, and 6 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that the Plaintiff had a good appraisal against the Plaintiff, and Defendant B had a good appraisal.

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