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(영문) 서울고등법원 2019.04.05 2018누63930
정직처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The contents of the Plaintiff’s assertion in the trial of the first instance do not differ significantly from the contents of the Plaintiff’s assertion in the trial of the first instance. However, even if the Plaintiff’s assertion is re-examined with the evidence submitted in the first instance and the trial of the first instance, it cannot be denied that the victim’s statement about the attitude of the act was somewhat different in detail, but its main purpose is that the Plaintiff’s statement on this point is consistently maintained as to the Plaintiff’s body toward the victim’s left side, and that the Plaintiff’s statement on this point was maintained. Accordingly, the grounds for the instant disposition are recognized, and the fact-finding and judgment of the first instance court that deemed that the two-month disposition in suspension was not abused or deviates from its discretionary power is justifiable.

Therefore, the reasoning for the court's reasoning of this case is as follows: (a) each of the "witness" of the 8, 5, and 15, below 4 of the judgment of the court of first instance, shall be dismissed as "a witness of the court of first instance"; (b) each of the "this court" of the 2, 5, 10, and 11, below 4 of the judgment of the court of first instance, shall be dismissed as "court of the court of first instance"; and (c) the "witness" of the 5th judgment of the court of first instance shall be the same as that of the judgment of the court of first instance, except where the "victim" is deemed as "victim", and therefore, it shall be cited as it is in accordance with

2. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. Since the judgment of the court of first instance is just, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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