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(영문) 서울고등법원 2016.11.11 2016나2025490
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked and the plaintiffs' claims corresponding to that part shall be filed.

Reasons

1. Facts of recognition;

A. The entrance of the networkF and suicide 1) the network F (hereinafter “the network”).

(1) On August 1, 2009, the Army G Group of the Army (hereinafter “instant military unit”) is called the Army Team of the Army on December 21, 2012, 2012.

2) On October 16, 2013, the deceased committed suicide by moving into the said body and serving as a personnel administration officer of the said body. (2) On October 16, 2013, at the I parking lot located in the Seocheon-gun, Seocheon-do, Gangwon-do. H, the deceased committed suicide.

(hereinafter “instant accident”). (b)

E, 1) From March 2, 2012, E was a superior to the deceased’s position as a person who worked as a vice-chief in the vice-chief of the instant unit from March 2, 2012. (2) The deceased only worked in a usual and large-person relationship, and performed his duties in a strong sense of responsibility and good faith. As seen in paragraph (3) above, E was frequently worked in the same department as E, a superior to the instant unit, and was subject to a harsh act from E, as seen in paragraph (3) above, due to the following criminal facts against the deceased, E was sentenced to imprisonment with prison labor for two years from the High Court for Armed Forces (2014No84) on December 18, 2014 (2014No84) and the said judgment of the Supreme Court for Appeal became final and conclusive on July 9, 2015.

Punishment of the crime

1. Around September 3, 2013, the Defendant assaulted on the left-hand side of the victim (referring to the deceased) one time as a drinking, on the ground that the Defendant was insufficient to handle the work at the father’s office of the Army Gamboo group.

2. Around May 28, 2013, the Defendant insultd the Defendant: (a) on the ground that he was unable to perform his duties in the office of the Vice-Chairperson of the Army G Death Team in the Army; (b) on the ground that he was unable to perform his duties in the office of the Vice-Chairperson of the Army, the Defendant was “a person with mental disability equal to that of the disabled; (c)” and (d) on June 2013, the Defendant was the victim, despite having the hearing of J and the Vice-Chairperson’s soldiers at the above place at the time of the Non-Date of June 2013, the Defendant “packed it so why the daily treatment would have been caused; (d) width is a female of the G G group. The same shall apply to the charge.”

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