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(영문) 의정부지방법원 2015.09.22 2014구합9047
정보공개거부처분취소
Text

1. Attached Form 1, which the Defendant made against the Plaintiff around October 2014, “decision on disclosure or non-disclosure of information disclosure applications” against the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 20, 2002, the Plaintiff was sentenced to a judgment of not guilty on May 21, 2004 after he/she was indicted on the ground of the murder case resulting from the liquidation salt addiction of C and D (hereinafter “related murder case”), which occurred in Goyang-si B apartment 565 (hereinafter “related murder case”), and was sentenced to a judgment of not guilty on December 20, 2003. The prosecutor’s appeal and appeal were all dismissed, and the judgment became final and conclusive on May 29, 2008.

B. During the trial process of murder-related murder case, E was indicted for a false testimony to identify the Plaintiff as an offender. On April 14, 2010, the above court rendered a judgment of acquittal on the ground that E was not subject to notification of the right to refuse to testify, and thus, even if E did not receive notification of the right to refuse to testify by making a false statement, it cannot be deemed that E did not actually interfere with the exercise of the right to refuse to testify, and further, the judgment of the court below was reversed on July 16, 2010 on the ground that there was no evidence to prove that there was no reasonableness in exercising the right to refuse to testify due to the threat or coercion by the investigative agency at the time of the relevant murder-related murder incident, and the judgment of the court below was reversed on July 16, 2010 on the ground that there was no evidence to prove that E was a false confession (2010No301), and the appeal was final and conclusive on December 13, 2012 (Supreme Court Decision).

C. In the course of the investigation and trial of murder-related murder cases, the Plaintiff forced and instigated F and G to select the Plaintiff as a criminal, and accordingly, E was aware that the Plaintiff was not a criminal of murder-related crimes, while it was identified as a criminal of murder-related crimes, and thus, the Plaintiff was detained on May 27, 201 for reasons that the Plaintiff was indicted.

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