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(영문) 수원지방법원성남지원 2016.12.20 2014가단227682
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. On March 5, 2012, the Plaintiff was indicted for committing an indecent act by force against Defendant B, who was under his supervision, in a singing room around March 5, 2012. The court of first instance rejected the Plaintiff’s testimony and the Plaintiff’s indecent act, and found the Defendant guilty of the above facts charged by taking account of the Defendants’ testimony and other evidence. However, in the appellate court of the above case (U.S. District Court 2013No5472 case), there were credibility of the Plaintiff’s statements, the Defendants’ statements are inconsistent with each other, and the Defendants’ statements appear to have motive to make a statement unfavorable to the Plaintiff. Accordingly, the court of first instance acquitted the Plaintiff on the grounds that there is no evidence to prove the facts charged against the Plaintiff.

The prosecutor's appeal (Supreme Court Decision 2014Do10782) was dismissed, and the judgment of innocence was finalized as it is.

B. On the other hand, the Prosecutor passes through the relevant criminal case (U.S. District Court 2014 High Court 2014 High Court 613).

In the case described in the claim, the court of first instance prosecuted D, E, and F, who made a statement consistent with the plaintiff's position, on suspicion of perjury, and on January 14, 2015, it is insufficient to conclude that D, etc. made a false statement by relevant evidence, and on the ground that some of the statements were merely an exaggerated expression, and thus, it did not constitute perjury.

Although the prosecutor appealed on the above judgment, the appellate court (U.S. District Court 2015No656) also rendered a judgment dismissing the prosecutor's appeal on October 15, 2015, and the above judgment became final and conclusive around that time.

C. On the other hand, the Plaintiff was suspected of having filed an accusation and perjury against the Defendants on March 11, 2015.

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