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(영문) 대전고등법원 2014.07.23 2013재나47
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts may be found to be obvious to this court or based on the purport of the entire pleadings:

On January 12, 2005, B, who was living together with the plaintiff, filed a criminal complaint against the plaintiff on January 12, 2005 against violation of the Punishment of Violences, etc. Act (at night), and the plaintiff filed a criminal complaint against B during the investigation process against the violation of the Act on the Punishment of Violence, etc. (at night joint violence). However, on May 4, 2005, the plaintiff was arrested in relation to the above accusation case, and was arrested again on May 7, 2005, and was arrested for further examination on May 7, 2005, and as a result, the plaintiff got money against B, damaged reputation, and interfere with the school affairs and foundation affairs of the school at which B was working, and the plaintiff was prosecuted as to the plaintiff on August 30, 2005, and the decision was suspended on January 29, 2006, which became final and conclusive."

B. After the confirmation 1 of the judgment subject to a retrial, etc. of this case, the Plaintiff, the State, detained the Plaintiff without any justifiable reason, and infringed on fundamental human rights, such as abusing and citing the Plaintiff during the process of taking the custody of the Plaintiff, without any justifiable reason. Moreover, the Plaintiff was subject to criminal punishment by arbitrarily altering official documents or drawing up false official documents as evidence to conceal and reduce the truth of the case, and having the Plaintiff covered the Plaintiff with false stringing, thereby having been subject to mental shock in the course of such a series of investigation and trial, as well as by giving birth and treatment several times of family life and peace.

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