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(영문) 대구지방법원포항지원 2016.07.21 2016가단100315
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From October 2012, the Plaintiff is a foreigner of the Republic of Korea, who had been operating the North-gu, North-gu, 107 Dong 103 in the English public book from October 1, 2012. The Defendants are the mother of G, H, I, and J (hereinafter “children”). The Defendants are four-year-old children registered in the said English public book around that time.

B. The Defendants discussed that “the Plaintiff was exposed to his or her own sexual organ to children who were receiving English lessons in the English airspace and returned home from them, and requested the K Center on December 15, 2012 to provide consultation. The police started internal investigation with the Plaintiff on the basis of the Defendants’ statements at K Center.

C. On July 13, 2013, the Plaintiff was investigated into committing an indecent act against children at the Posi Police Station in the Posi Police Station in the Republic of Korea and the Posisi District Prosecutors' Office in Daegu. On July 13, 2013, the prosecutor of the Posi District Prosecutors' Office in the Daegu District Public Prosecutor's Office prosecuted the Plaintiff as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen

On July 14, 2014, the Daegu District Court rendered a judgment of innocence against the Plaintiff on the grounds that “each of the statements made by the victimized children is difficult to recognize the credibility, and there is no other evidence that has probative value to the extent that it excludes a reasonable doubt as to facts charged.” While the Prosecutor appealed, the Daegu High Court, which is the legal ground of appeal, also sentenced the dismissal of the appeal on May 26, 2015 (Seoul High Court 2014No424), the same year.

6.3 The above judgment of the first instance court became final and conclusive as it is.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is a police officer under suspicion of indecent acts against children according to the defendants' false complaints.

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