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(영문) 대전지방법원 2020.10.13 2019나113602
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main text of Article

The grounds for appeal by the defendant shall be added to the following judgments:

2. Additional determination

A. The Defendant asserted that the Plaintiff was killed in the first instance by the Plaintiff, and the Plaintiff was subject to the Defendant’s death.

The plaintiff prepared a written application and a written withdrawal of a complaint that he/she does not want punishment to the defendant, and prepared a written agreement on December 19, 2018 that he/she would not raise a civil or criminal objection to the defendant in the future.

In light of such circumstances, the first instance judgment is unfair.

B. Determination 1) On December 19, 2018, the Daejeon District Court case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) against the Defendant was underway, the Plaintiff prepared a written agreement that the Plaintiff would not raise a civil or criminal objection against the Defendant in relation to the withdrawal of the complaint and the above case, and that the Plaintiff would not raise a civil or criminal objection against the Defendant. (2) However, according to the purport of the evidence A3 through 8 and the entire arguments, the Plaintiff prepared the above written application on December 19, 2018 and received from the Defendant a written agreement (Evidence No. 3) stating that the Plaintiff would not contact the Plaintiff after the preparation of the written agreement, or if the written agreement does not comply with any of the above written agreements or would have agreed on it, the Plaintiff may continue to be held liable for the Defendant’s criminal case against the Plaintiff by failing to comply with all of the written agreement or by failing to comply with the agreement, and the Plaintiff may be held liable for the penalty against the Plaintiff in violation of the agreement.

3. The defendant's argument No. 3 is proved No. 3.

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