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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. Basic facts
A. On May 2008, the Plaintiff received a complaint from A, C, D, E, and F (hereinafter “Appellants”) to the effect that “The Plaintiff refused the request for withdrawal from C around February 2, 2006 and refused to comply with C’s request for withdrawal, and that it violated the Attorney-at-Law Act by receiving money from the complainants in return for preparing documents related to the lawsuit, and that it committed sexually indecent act against G” (hereinafter “instant complaint”).
B. After that, the Plaintiff was indicted by Daejeon District Court 2008 Godan4207 and was convicted on June 3, 2009 due to indecent act by compulsion, refusal to leave, and violation of the Certified Judicial Scriveners Act by the above court.
Accordingly, on September 4, 2009, the Plaintiff appealed as Daejeon District Court 2009No1467 and rendered a judgment of not guilty on the part concerning the non-compliance with the withdrawal of the above crimes, which was rendered by the above appellate court, and was sentenced to the judgment dismissing the remainder of the indecent act by force and the violation of the Certified Judicial Scriveners Act.
On December 24, 2009, the Prosecutor appealed (Supreme Court Decision 2009Do9606).
C. The Plaintiff filed a complaint against the Defendant on the ground that the Defendant participated in the act of false accusation by acting in concert with the complainants, but the prosecutor, “The Defendant is not only to file a complaint with C, etc. with the Plaintiff, but merely to submit the confirmation document through C, etc. in the investigation process, and the Plaintiff’s conviction of violating the Attorney-at-Law Act and the judgment of suspended execution became final and conclusive in full view of the facts, etc., the Defendant’s submission of the confirmation document alone to the investigative agency cannot be deemed to constitute a crime of false accusation, and any other evidence to acknowledge it is insufficient.”
The plaintiff shall pay consolation money for mental suffering suffered by the plaintiff in collusion with the complainants. The Daejeon District Court of Civil Procedure 2014Da37362, which states that the plaintiff shall pay consolation money for mental suffering suffered by the plaintiff.