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(영문) 수원지방법원 2016.10.07 2016구합1197
불법손괴사실규명등에대한청구
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff filed a complaint against D and E with the suspicion of larceny, damage to property, and intrusion on structure. However, on December 10, 2014, the prosecutor affiliated with the Sungnam branch of Seongbuk branch of the Republic of Korea issued a non-prosecution disposition on the ground that “D and E participated in the removal of underground sand among the instant commercial buildings, there is no evidence to acknowledge that it participated in the removal of underground sand,” and the Plaintiff filed a complaint under Article 2015 (B) and 28 of the Seongbuk branch of the Republic of Korea, but the appeal was dismissed at that time.

B. The Plaintiff filed a complaint against F with respect to the damage of property and theft suspicion, with respect to G, with respect to damage to property, damage to property, damage to structure, and possession of stolen property, and with respect to H, with respect to the damage of property and the possession of stolen property. However, on May 29, 2015, the prosecutor of the Sung-Nam branch office issued a non-prosecution disposition on the ground that there was insufficient evidence of the above suspect’s suspicion. The Plaintiff filed a complaint with the Seoul High Prosecutor’s Office (Seoul High Prosecutor’s Office) No. 2015No6262, and the appeal was dismissed on August 20, 2015.

C. With respect to the records of the case No. 2014 type No. 14821 of the Seongbuk-gu Office, the Plaintiff filed an application with the Defendant for the perusal of the Plaintiff’s statement part among the Plaintiff’s statement statement, the suspect’s statement part, and construction contract, four times from December 9, 2015 to August 18, 2016. However, the Defendant only permitted the Plaintiff’s statement part, and the remainder is denied on the grounds that the non-disclosure ground under Article 9(1)6 of the Official Information Disclosure Act, which is “personal information, such as the name and resident registration number, etc., included in the relevant information, which is likely to infringe on the privacy or freedom of privacy if disclosed.”

With respect to the records of the case No. 2015-type 6262, the Plaintiff applied for the perusal and copying of the part of the Plaintiff’s statement to the Defendant on June 25, 2015.

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