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(영문) 수원지방법원평택지원 2017.06.22 2016가단48827
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 May 2010, the Plaintiff was indicted as Defendant B’s 2015 Gohap11 on the following grounds: (a) the Plaintiff led Defendant B, driven by the Plaintiff, was parked in a car driven by the Plaintiff, and parked in the place of fire; (b) the Plaintiff met the body of Defendant B; and (c) the Plaintiff had sexual intercourse with the Defendant B, moving to a mutual incompeting telecom with one another.

B. On August 10, 2016, this court reversed all the statements made by Defendant B on the date and time, place, details of the crime, and the Plaintiff’s form of behavior. Even if Defendant B was intellectually disabled, the circumstance leading up to the reversal of the statement is difficult to obtain the statement, and the written statement of performance was delivered in the process of preparing a written agreement with others, and it cannot be ruled out the possibility of false statement with regard to the Plaintiff that the result of the inspection of the false oral detection detection against the Plaintiff could be punished for a false reply as a result of the truth after the first statement, in light of the fact that Defendant B’s statement about the above facts charged cannot be trusted, and that there was no other evidence to prove the facts charged, and the above judgment (hereinafter “related criminal case”) became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. Defendant B did not have been raped by the Plaintiff, but did not admit the Plaintiff in the relevant criminal case of this case. Defendant C instigated Defendant B without accusation, received the agreement amount in contact with another perpetrator who sexual assaulted Defendant B, and brought about a violation of the Attorney-at-Law Act by dividing the amount into Defendant D and a certain amount in the relevant criminal case of this case. Defendant D conspiredd Defendant B without accusation, and received a certain amount of agreement after having contacted Defendant B with another perpetrator who abused Defendant B.

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