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(영문) 대전고등법원 2013.09.05 2013누251
정보공개청구기각처분취소
Text

1.The judgment of the first instance shall be modified as follows:

Information disclosure made by the Defendant against the Plaintiff on September 30, 2011.

Reasons

1. Details of the disposition;

A. On January 10, 2007, the Plaintiff was sentenced to a verdict of 9 years of imprisonment with prison labor for a crime of heavy confinement at the Daejeon District Court, and a judgment of 'not guilty' as to murder in the facts charged.

[The Daejeon District Court 2006Gohap234, 2006Gohap239 (Joint)] The plaintiff and the prosecutor appealed against the above judgment of the first instance court. On November 23, 2007, the Daejeon High Court reversed the judgment of the first instance and sentenced the plaintiff to imprisonment for life.

The Plaintiff appealed to the Daejeon High Court (2007No53). The Supreme Court reversed the judgment of the court below and remanded the case to the Daejeon High Court on March 13, 2008 on the ground that it was unlawful to find the Defendant guilty of murder among the facts charged.

(Supreme Court Decision 2007Do10754). In the reversed and remanded trial, the Daejeon High Court rendered a judgment dismissing all the appeals filed by both the Plaintiff and the Prosecutor on July 17, 2008 (Seoul High Court Decision 2008No146). Since then, the Supreme Court rendered a judgment dismissing all the appeals filed by both the Plaintiff and the Prosecutor on October 9, 2008 (Supreme Court Decision 2008Do6891). The said judgment of the first instance court, which sentenced the Plaintiff nine years of imprisonment (Supreme Court Decision 2008Do6

(hereinafter referred to as “related criminal case”). (b)

On September 19, 201, the Plaintiff requested the Defendant to disclose the information in the information column for requesting disclosure of attached Form 1 (hereinafter “information in this case”) pursuant to Article 10(1) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

C. On September 30, 2011, the Defendant notified the Plaintiff of the non-disclosure decision that “a non-disclosure decision shall be made in accordance with the Criminal Procedure Act and the Information Disclosure Act” (hereinafter “instant disposition”) and attached Article 59-2(2) of the Criminal Procedure Act and Article 9(1) of the Information Disclosure Act.

[Ground of recognition] Unsatisfy, A 1-3

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