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(영문) 수원지방법원안산지원 2015.08.19 2014가단102753
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

Basic Facts

At the Ansan Police Station on July 18, 201, Nonparty F and G filed a complaint with the Nonparty on the damage statement to the effect that the Nonparty, while playing in his/her arms in his/her arms located in his/her mother park located in Ansan-dong 723, Ansan-si, Ansan-si on June 12, 201, Nonparty F and G, while playing in his/her mother park on June 12, 201, Nonparty F and G, made a statement to the effect that: (a) the Plaintiff, while playing in his/her arms in his/her arms in his/her mother park in his/her mother city on June 10, 201; (b) the Plaintiff was able to use his/her arm’s length, she was humping, she was humping, she was humping, and her kn

The plaintiff denied the above suspicion, but was prosecuted as a crime of indecent act by compulsion by juveniles, and the court of the first instance found the facts charged as stated in the paragraph (a) and sentenced the plaintiff guilty.

However, the appellate court found the plaintiff not guilty on the grounds that it is difficult to view that the plaintiff is the same person as the criminal who committed indecent acts by force against the non-party to be proven beyond a reasonable doubt, and the prosecutor's appeal against this was dismissed and the judgment

Defendant C and Defendant B are parents of G, and Defendant D and Defendant E are parents of F.

Defendant B was present as a guardian at the time when the police makes a statement at the police station, and testified in a criminal trial against the Plaintiff.

[Ground of recognition] A. 1, 2, 6, 9 (including virtual number; hereinafter the same shall apply) and the summary of the Plaintiff’s claim as to the cause of claim as to the overall purport of the pleading as to the cause of claim as a whole. The Plaintiff suffered property and mental damage by taking a judgment of conviction in the first instance court after being investigated and tried for a prolonged period of time, and being convicted in the judgment of conviction in the first instance without any objective evidence or reasonable grounds. Thus, the remaining Defendants are jointly and severally liable to compensate for the damages, since they neglected to perform their duty to protect and supervise the Nonparty and Defendant B who actively participated in the above act.

Judgment

In filing a complaint, accusation, etc., if the accused, etc. knew or was not aware of the existence of a criminal charge, he/she shall do so.

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