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(영문) 대전고등법원 2016.08.18 2016재나17
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 joint conflict), 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 and joint violence). The plaintiff was arrested with respect to the above accusation case on May 4, 2005, and as a result of the investigation, the plaintiff was arrested against B, and as a result of the investigation, the plaintiff got money against B, damaged reputation, and interfered with the school affairs and foundation affairs of B, and was prosecuted against the plaintiff on August 30, 2005. The judgment of Daejeon District Court was detained in Daejeon prison on January 4, 2006, which became final and conclusive on April 29, 2006.

B. After the confirmation 1 of the judgment subject to a retrial, etc. in this case, the Plaintiff, the State, detained the Plaintiff without justifiable grounds, and infringed on fundamental human rights, such as abusing and citing the Plaintiff during the process of receiving the judgment. Moreover, if the Plaintiff arbitrarily altered official documents or prepared a false official document, and thereby was subject to criminal punishment by covering the Plaintiff with false statements, thereby causing emotional shock to the Plaintiff, thereby getting the Plaintiff to receive treatment of psychotropic spirit and therapy several times with depression, and causing serious shock in the livelihood and peace of the family, then the Plaintiff suffered enormous financial and mental damage, such as causing serious shock in the Plaintiff’s livelihood and peace at home on December 21, 2010.

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