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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The facts subsequent to the facts of recognition are either in dispute between the parties or in respect of Gap evidence Nos. 1, 2, and 2 and 4, together with the purport of the entire pleadings.
The plaintiff and the defendant are drivers of C, and in relation to the election of the central head of C Union, they were in a state that the appraisal is not good.
B. On December 18, 2015, the Defendant: (a) around 14:40 on an street parking lot located behind the office of the CUnion branch located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) on the Plaintiff’s face, spits the Plaintiff’s face and spits the Plaintiff’s face at once.
C. The defendant Na
Around December 18, 2015, even though there was no head from the plaintiff during police investigation, the Seoul Eastern Police Station prepared and received a false complaint stating that "the plaintiff was punished because he was the head of the defendant while sexually disputing with the defendant in the old parking lot after the CF branch office office of the CF branch office around 14:40 on December 18, 2015."
B. The defendant
paragraph (c).
The facts constituting the crime described in this subsection were prosecuted by this Court 2016 Highest2749, and was sentenced to imprisonment with prison labor on December 9, 2016 and one year for assault.
E. The Defendant appealed by this Court No. 2016No2655 on the grounds of mistake of facts and unreasonable sentencing. However, the appellate court rendered a judgment dismissing an appeal on April 27, 2017. The Defendant again appealed by Supreme Court Decision 2017Do7051, but the appellate court rendered a judgment dismissing an appeal on June 21, 2017, and the first instance judgment became final and conclusive around that time.
2. The assertion and judgment
A. On December 18, 2015, the Plaintiff and the Defendant are obligated to pay consolation money of KRW 8,000,000 to the Plaintiff, since the Plaintiff spits the Plaintiff’s face on the Plaintiff’s face and spits the Plaintiff’s face once, and assaults the Plaintiff by submitting a written complaint stating false facts to the police station. Thus, the Defendant and the Defendant are obligated to pay consolation money to the Plaintiff. 2)