204dan153352 Consolation Money

○○ (Omission of Resident Registration Numbers)

The address omitted.

Korea

The representative of the law and the Minister of Justice;

Litigation performer ○○○

May 4, 2006

May 25, 2006

1. The plaintiff (appointed)'s claim is dismissed.

2. The litigation costs shall be borne by the plaintiff (appointed party).

The defendant shall pay 40,00,000 won to the plaintiff (appointed party, hereinafter referred to as the plaintiff) and the Selection AA (hereinafter referred to as the "Selection") and the amount calculated by the ratio of 20% per annum from the day following the delivery of the copy of the complaint of this case to the day of full payment.

1. Facts of recognition;

A. On December 15, 2001, 201, △△△△△△△△△△ (hereinafter only referred to as the designated person) declared guilty of the designated person's conviction, on the following grounds: (a) on the basis that the designated person was a second-class mental handicap with the mental disability who does not reach the mental age of 5 years and 4 months; (b) on March 200, 200, 200 were rapes at the designated person's house located at ○○○ Dong-dong, Busan around 00 and 200 x 00 x 200 x 30 x 00 Odong-dong, Busan on August 1, 2001, 3: (b) on August 22, 2001, 2000 Busan High Court was sentenced to imprisonment with prison labor for 20 years and became final and conclusive on August 24, 2001; (c) on the other hand, 201.

(b) Process until the commencement of the investigation;

(1) The dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the ○○○ Welfare Center

(2) 그러던 중 ◎◎◎는 2001. 8. 5. 위 복지원에서 함께 생활해 왔던 ○○○과 전화통화를 하면서 선정자로부터 성폭행을 당하였다는 취지로 말하였고, 이에 ○○○이 □□□와 함께 다음날인 8. 6. ◎◎◎를 '사단법인 한국 여성의 전화 연합 부산 여성의 전화'(공동대표 ◇◇◇, ◈◈◈, 이하'여성의 전화'라 약칭한다)부설 성폭력상담 소(부산 OO구 OO동 소재)로 데리고 갔고 그곳에서 아는 여성의 전화 대표인 소과 면담한 후 '여성의 전화 부설 성폭력피해자 보호시설인 ▲▲▲(부산 ○○구 소재)에 입소하게 되었다.

(3) 그 후 ◎◎◎는 위 상담소 2층에 소재한 '여성의 전화 부설 가정폭력피해자 보호시설인 '여성의 쉼터'에서 기거하며 ▲▲▲ 원장인 ▣▣▣ 등과 상담하는 과정에서 원고의 집으로 돌아가고자 하는 의사를 피력하는 한편 선정자와의 강제적인 성관계, 원고로부터 받은 경제적인 피해 등에 관하여 얘기를 하였고, 그 무렵 '여성의 전화' 측의 신고로 부산지방경찰청 방범과 여성청소년계 성폭력 전담수사반 소속 경찰들(경위 최OO, 경사 박00, 경장 하00, 이00)이 2001. 8. 7.경부터 위 상담소에 들러 조사활동을 벌였으며, 그 과정에서 ②00는 같은 달 10. OOO의 남편이 근무하는 부산 ○○병원에서 심리검사를 받았다.

(4) Meanwhile, from August 11, 2001, the Plaintiff visited the above counseling center to take part in the chip chip. However, the Plaintiff was refused, and the said counseling center filed a civil petition with the competent viewing, Gu office, police, etc. to the effect that the said counseling center takes measures because the said chip is detained by the telephone, but it was not completed as a complete objection by the counseling center that the sexual assault victim cannot be extradited to the perpetrator.

(5) On August 14, 201, 201, and in the participation of the OO in the above sexual assault investigation group, the investigation of 6th day of the investigation into the investigation into the Republic of Korea (hereinafter referred to as â……………………), and the statement of the plaintiffâ…………………] has commenced the investigation into the Republic of Korea. In addition to the documents prepared or submitted in the investigation process, there are documents prepared or submitted in the investigation process as mentioned above, among the documents

(1) The police statement of ○○○

On August 4, 2001, the phrase "(2) was raped from the selector, and the selector attempted to have sexual contact, and when 00 ○○ was scam at the home of the selector, 'the son reported that he was scamed by Kim○' and her was scamed by ○○○, and she was scamed from scam.

(2) Statement of police statement on Kim○-○

It is the content that ○○ recognized the son to keep her her her her her her her butt.

(3) “○○병원 신경정신과 임상심리전문과 임상심리전문가 김◎ ◎, 강○○” 작성의 임상심리학적 평가 보고서 (2001. 8. 10. 00에 대한 심리검사에 따라 작성된 것이다)

“검사 결과 한국판 웩슬러 성인용 지능검사(K-WAIS)에 따른 현재 지능은 가벼운 정도의 정신지체 수준인 언어성 IQ 62, 동작성 IQ 67, 전체 IQ 62를 나타내고 있다.” “자극도형의 모사를 통해 지능을 추정할 수 있는 시각운동통합발달 검사(VMI)에서도 IQ 38(정신연령 : 5세 4개월) 수준으로 처음부터 지적 잠재능력은 지체수준으로 발달이 제대로 이루어지지 않은 것으로 여겨진다.” “심리검사 결과를 요약해보면,는 원래부터 지적 능력이 충분히 발달하지 못하였고 현재 가벼운 정도의 정신지체 수준을 보여주고 있다”는 등의 기재가 있다.

(4) An investigation report on the preparation of HaOOO and HaOOOO by the Busan Regional Police Agency women's sexual assault investigation team (investigation of witnesses): It is a telephone investigation against Song○○, and it is reported that the husband's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

(5) On August 20, 2001, the investigation report (the search report on the witness) (the Happiness, the ○○○○○○○○○○, the preparation of a witness) stated that the intent of the witness at the search of the criminal activity place was not divided into elbs and reality, and that the victim’s elbs and reality was not divided into elbs and reality, and that the doctor Kim Jong-○ was asked about the prescription drug. As such, ○○○, the guardian of which was the guardian, did not go through the bit and did not distinguish Dobs and reality and was raped with her husband, and it was val by prescribing the fels, stability system, anti-friendly agents, etc., which are the relevant treatment agents.”

(6) On August 21, 2001, in light of the consistent statement of 000 the criminal place and investigation report (around 21, 2001, Ha○○○, Ha○○○, Ha○○○, ○○○), the statement of ○○, which was made by the designated person prior to several years, and the Plaintiff’s statement that the Plaintiff would have been aware of the her husband’s criminal act, and want to take care of the her husband’s criminal act, and voluntarily take care of his/her psychological stability. The report is made by taking into account six photographs of the place of crime consistent with the statement of the dedicated to the statement of the dedicated case, 21 copies of the counseling center for sexual assault, 21 copies of the counseling center, diagnosis of disability, clinical psychological evaluation report, and the search and investigation report by the witness, and reporting that the designated person should have sexual intercourse with the 100th Grade 2 mentally handicapped person (the mental age of 5 years and 4 months) and recognized the crime of indecent act by compulsion through three times.

(7) According to the 6-8 years old according to the clinical and psychological evaluation report of ○○○○○○○○○’s telephone sent to the Busan District Public Prosecutor’s Office, “The mental age appears to be above 6-8 years old, but there is no particular fault in the basic livelihood or social adaptation ability for the remaining three months,” and “In particular, it is possible to see that the offender’s memory (such as serious domestic violence and sexual violence, etc.) of the case that was shocked with the principal clearly and clearly talks about it (e.g., the police made another clearly consistent statement at two times on sexual violence).” However, according to the victim’s wife’s △△△△△△△△△△△△△’s request for cooperation, 00 has been written on the victim’s body, and it has been argued that the perpetrator’s △△△△△△△△△△△’s statement was not made in the victim’s body or her husband’s misstatement’s statement that it was impossible to find it with the victim’s body.

(8) OO, SOO0 applications

The Plaintiff’s locked at ordinary night contains the following: “There is no person who was locked,” and “no one who was sexual assaulted against the Appointed in light of the Appointed’s ordinary living environment.”

(9) 김▣▣ 명의의 진술서

O's intent is that many false words have been stolen and stolen, but has been lost, etc.

(d) The trial process in the first instance and the appellate court;

(1) The court of the first instance found the selected person guilty on the ground of the following facts: (a) the court conducted an examination of evidence on the dedicated to the dedicated set, ○○, ○○, and ○○○○○, other than the dedicated set set-off, and conducted an examination of evidence: (b) there was no fact that the designated person told 00 that he would have her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her at the her her her her her her her her her her her her her her her her at the her her her her her her her her her her her her her her her, and there was no fact that the designated person

(2) At the appellate court, the defense counsel stated that the ○○○○○○ Party’s testimony was made as a witness on the ground that it was made out differently from the statement of the court of first instance, and that it was made on March 6, 200. At the time of the examination of the witness, the counsel “at the time of the examination of the witness, what was the first instance court’s testimony was made, and what was the date of the witness’s testimony was written on August 1, 2001 to August 3, 201, it was almost every day on the Defendant’s house, which was written on the witness’s book, and that it was impossible for the witness to be recorded on the witness at the time of the examination of the witness at the time of the first instance court, and that the witness was recorded on the witness’s house by no later than the Defendant’s day before the date of the examination of the witness, and that the witness was written on August 1 to 3, 2001 at the time of the examination of the witness.”

(3) 그 후 박에 대한 항소심 증인신문조서를 열람한 원고가 위 증인신문 당시 박스가 검사의 “당시 피고인이 집에 없었다면 이를 증인이 정확하게 기억하는 이유가 무엇인가요라는 물음에 증인은 어떻게 대답을 하였나요”라는 물음에 대하여 “증인 집의 일로 7월말부터 8월 중순경 조금 안되어서까지 피고인의 집에 매일 갔었기 때문에 증인이 기억을 하고 있다고 하였습니다.”라고 대답을 하였음에도 증인신문조서가 “8월 중순경 조금 안되어서 부터 증인 집의 일로 피고인의 집에 갔었기 때문에 증인이 기억을 하고 있다고 하였습니다.”라고 잘못 기재되어 있음을 이유로 위 증인신문조서에 대하여 이의를 제기하였고, 그 후 위 증인신문조서는 원고가 이의한 대로 수정되었다. (4)또한 항소심 법원은 김○○, ○○○, ▣▣▣에 대한 증인신문을 실시하고 아울러 선정자의 손아래 동서인 이00과 □□□에 대한 증인신문(이○○은 2001. 8. 4.경 선정자가 출장에서 돌아왔고, 자신은 그 날 저녁 10시 조금 안되어 선정자의 집에 왔으며 10시가 조금 넘어 자신의 처와 아들도 선정자의 집에 와서 밤 12:30경까지 에 어컨이 있는 선정자의 딸 방에서 얘기를 나누었고 그 때까지도 ◎◎◎는 안방 문 앞에서 계속 누워 자고 있었다는 등의 내용을, OOO는 OOO가 강간당했다는 얘기를 ○ ○○으로부터 듣고 김●●와 함께 원고를 찾아가서 원고에게 어떻게 된 일인지 물은 후 취직시켜 준다고 ◎◎◎를 데려와 ‘부산 여성의 집’으로 갔다는 등의 내용을 각 진술하였다) 등을 거친 후 판결을 선고하였는바, 선정자의 항소이유, 즉 1심이 유죄로 인정한 2003. 일자불상경 강간 및 2001. 8. 초순 일자불상경 강제추행 당시는 초상화 판매 또는 수금을 위하여 다른 지방으로 출장을 가고 선정자의 집에 있지 아니할 때이므로 판시 범행을 저지르지 아니하였고, 2004. 8. 4. 22:00경의 강간 당시는 열대야 현상으로 범행 장소인 선정자의 아파트의 방문을 모두 열어 두어 선정자의 딸과 처인 원고가 바로 볼 수 있는 상황이었으므로 선정자가 ◎◎◎를 간음할 수도 없었음에도의 진술을 그대로 믿고 선정자를 유죄로 인정함으로써 사실을 오인하여 판결에 영향을 미친 위법을 범하였다는 항소이유에 관하여 별지 기재와 같이 판단하여 항소를 기각하였다.

(e) Appeal, complaint, etc. by the selector;

(1) 선정자는 항소심 판결에 불복하여 상고하는 한편 ◎◎◎, ▣▣▣, □□□, O, ○○, 김○○을 위증으로, ◎◎◎를 무고로 각 고소하였으나 그 조사가 마무리되기 전인 2003, 12. 12. 앞서 본 바와 같이 상고기각판결이 선고되었다.

(2) Meanwhile, around November 2004, the process leading up to the Ulsan District Prosecutors' Office, a person in charge of the accusation case against Eul, sent the case to the Ulsan District Prosecutors' Office as "non-prosecutions are not acknowledged as criminal charges".

(3) On March 2004, the Plaintiff filed a petition with the Busan District Prosecutors' Office to the effect that he/she was convicted due to his/her biased investigation, etc., asserting that the designated person was convicted of conviction due to the above sexual assault-only investigation group’s maximum ○○○, Gao-O, Hao-O, and Doo-O as the respondent (No. 225, 2004, 2004). However, it was closed through public inspection (No. 225).

(4) Thereafter, around May 2004, the Plaintiff filed a petition with the public prosecutor's office to the effect that 18 persons related to women, such as chief public prosecutor of the said petition case, chief chief clerk, chief clerk of the first instance court and the appellate court participating in the public trial, chief clerk of the court below, senior clerk, senior clerk, senior clerk, senior clerk, and directorO, etc., who were involved in the case, were detained in the court room, ○○○, Kim ○○, and ○○○○, etc., and the designated parties who were not guilty of the crime due to confinement, false documents (hereinafter referred to as " female telephones"), defective investigation (police, prosecutor), and the change in the contents of the examination protocol of witness (court 390) were found guilty, and it is clear that the Plaintiff received additional indictment from the public prosecutor's office to 208, such as the above 204 prosecutor's office, and it is also clear that the 200th public prosecutor's office or the defendant was convicted.

(5) After that, on September 12, 2004, the Plaintiff: (a) published an article on the Internet, stating the developments leading up to the appeal, the process of investigating the appeal by the Prosecutor ○○○○○, and the confirmation of conviction, etc.; and (b) filed an appeal for detention on the Internet for the same reason as before September 30, 2004, which was accepted by the Busan District Prosecutors’ Office 2004 Petition and 950, but the main prosecutor, who was the main prosecutor, completed the public inspection on the ground as above (i.e., the Plaintiff submitted an application to the effect that it was sent to the effect that the Plaintiff was aware of the reasons, etc. for the completion of the public inspection as seen above, as the grounds for being subject to the public inspection, and (ii) completed the public inspection on November 12, 2004 pursuant to the explanation of the above Prosecutor’s Office by submitting an application to the public prosecutor 204 Petition97.

[Evidence] Evidence Nos. 1 through 14, evidence Nos. 17 through 55, evidence Nos. 57, evidence Nos. 59-1 through 4, evidence Nos. 67 through 99, evidence Nos. 115, and evidence Nos. 120 through 123, the purport of the whole pleadings, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion

The plaintiff asserts that even though the designated person was convicted of the crime without any combination of all the factors, such as confinement of ○○, Kim○-○'s perjury, police officer in charge, prosecutor's biased investigation or improper investigation, judge, chief clerk, chief clerk, clerk, clerk, and clerk, etc.'s false preparation, modification, etc. of the examination protocol of witness of " female telephone" related persons, such as confinement, meeting oil, pressure exercise to investigation agency, and false preparation of the report of 'clinical and psychological evaluation' in 190, the prosecutor did not conduct an investigation in the plaintiff's authentic case or completed the public inspection only with formal investigation. 60, Eap○○ did not investigate the designated person's innocence until the judgment of the Supreme Court was rendered without delay, and the defendant did not prosecute the plaintiff, who was a public official and the defendant.

B. Determination

According to the above findings, ① the purport of the Plaintiff’s petition is to request re-investigation of a criminal case against the selector for whom the first instance court found guilty, as it has been erroneous in the investigation or trial of the criminal case, ② Some of the respondents are suspects, and the decision that there was no suspicion about part of the respondents is already made (Article 143(2) of the Rules on the Prosecution’s Administrative Affairs; in a case where there is a petition or accusation against the same fact completed at least three times, it shall be handled through public inspection; ③ even if the record of the court of first instance as to gambling was prepared in a criminal case against the selector, which is different from the statement of the court of first instance, (i) the fact that the examination of the witness was made again at the appellate court, and (ii) the fact that part of the respondents is identical to the petition notified at least two times by the court of first instance, and (ii) the court’s selection of the witness at the appellate court or the fact that there was no obvious violation of the Plaintiff’s duty of credibility in the witness examination process, which was found to be inconsistent with the Plaintiff’s witness evidence.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

Judge Jae-in