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(영문) 서울고등법원 2018.02.09 2017누80471
난민불인정결정취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court under paragraph (2) of this Article, and therefore, this is also accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s additional decision in this Court asserts that “The Plaintiff is a refugee since there is a risk that the Plaintiff would be imprisoned in case of returning to Austria, and thus, constitutes a refugee,” as the grounds for appeal by this Court, that “The Plaintiff was engaged in a motor vehicle parts trade in the north of Austria, and the Islamic level diagnosis chain, and the Plaintiff’s family member died and lost all the property.”

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. However, the first instance court's decision rejecting the plaintiff's assertion is justified even if both the evidence presented in the first instance court and the evidence (A7-10) presented in this court are examined.

3. Therefore, the judgment of the court of first instance, which dismissed the plaintiff's claim, is justifiable. Thus, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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