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(영문) 수원지방법원 2017.09.19 2017구합64867
강등처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From January 24, 2014 to July 26, 2015, the Plaintiff was a public official of Grade V in the local administration who worked at the North Branch of the Gyeonggi-do Office building B, and the victim C (hereinafter “victim”) was working at the same department for about one year and six months from February 2014 to July 26, 2015.

B. On July 13, 2015, the Plaintiff moved to the above ground parking lot before the Public Health and Environment Research Institute Support Institute of the North Korean Office Building in the Gyeonggi-do, which is located as a government office building, from July 13, 2015 to the above ground parking lot, and around 23:30 on the same day, the Plaintiff opened a driver's seat in the above parking lot in order for the victim to cut off from his own car, followed by cutting down the victim's left arms to the Plaintiff, and brought the breath to the Plaintiff, and brought the breath to the Plaintiff.

(hereinafter referred to as “instant misconduct”). C.

On December 21, 2016, the Governor of the Gyeonggi-do requested the Plaintiff to make a resolution on the disciplinary action against the Plaintiff for the instant misconduct, and passed a resolution by the Gyeonggi-do Personnel Committee on December 21, 2016. On December 26, 2016, the Governor taken a disciplinary action, such as demotion, against the Plaintiff (hereinafter “instant disposition”).

On December 26, 2016, the Plaintiff filed a request for review with the Gyeonggi-do Review Committee, but the Gyeonggi-do Review Committee decided to dismiss the request on February 27, 2017.

E. Meanwhile, the Plaintiff was indicted of the instant misconduct and was sentenced to a suspended sentence of one year for six months on May 25, 2016 (No. 2015Kadan1901). The Plaintiff appealed and was sentenced to a fine of ten million won on November 3, 2016 (No. 2016No3495). The Plaintiff appealed and was sentenced to a suspended sentence of ten million won on January 17, 2017 (Supreme Court Decision 2016Do19100).

(hereinafter “relevant criminal judgment”). 【The ground for recognition” has no dispute, Gap evidence Nos. 2, 3, and 4 (including paper numbers), Eul evidence Nos. 2, 3, and 5, and the purport of the whole pleadings.

2. This.

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