(영문) 서울북부지방법원 2019.09.05 2018나37732

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(영문) 서울북부지방법원 2019.09.05 2018나37732

위자료

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 6, 2017, the Plaintiff was sentenced to a fine of KRW 1 million on September 21, 2016 due to the crime that: (a) the Defendant was assaulted by the Seoul Northern District Court on September 21, 2016 (hereinafter “instant primary assault”); and (b) the said judgment became final and conclusive.

B. Meanwhile, on June 22, 2017, the Defendant appeared as a witness and testified in the instant case. On the day of testimony, the Plaintiff filed a complaint with the investigative agency on the fact that the Plaintiff abused the Defendant in the elevator (hereinafter “instant second assault”). On August 23, 2017, the Seoul Northern District Prosecutors’ Office rendered a disposition against the Plaintiff that he/she was suspected of incompetence with evidence.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 and 8, facts with merit in this court, the purport of the whole pleadings

2. Although the plaintiff did not assault the defendant, the defendant filed a complaint against the plaintiff three times in the absence of the fact that the plaintiff did not have been suspected of having committed an assault, and the plaintiff suffered mental pain, so the plaintiff is entitled to pay 10 million won as compensation for damages to the plaintiff.

3. Determination

A. The plaintiff asserted that the defendant filed a complaint with the plaintiff three times of assault, but there is no evidence to prove that the defendant filed a complaint with the plaintiff other than the first and second assault of this case, and there is no other evidence to prove that the defendant filed a complaint with the plaintiff.

B. First, examining the first assault of this case, as seen earlier, the judgment of conviction of a fine of one million won against the Plaintiff regarding the first assault of this case was finalized, and according to the evidence No. 8, the Plaintiff filed a charge of perjury with the Defendant to the effect that the Defendant was subject to assault during the trial process regarding the first assault of this case, but the Seoul Northern District Prosecutors' Office assaults the Defendant in CCTV at the scene of the first assault of this case.

유사 판례

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