The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and the reasoning of the judgment of the court is as stated in the reasoning of the judgment of the court of first instance, except to add the judgment of this court. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. 이 법원에서 고쳐쓰는 부분 ▣ 제1심판결서 제4쪽 주1)을 다음과 같이 고친다. “1) 원고는 이 사건 징계사유와 동일한 내용의 범죄사실로 기소되어 2016. 1. 29. 수원지방법원 안양지원에서 징역 8월, 집행유예 2년의 형을 선고받았는데(2014고단1885), 이에 대하여 검사는 양형부당을 이유로, 원고는 사실오인법리오해 및 양형부당을 이유로 각 항소하였으나, 2017. 2. 3. 항소심에서 검사와 원고의 항소가 모두 기각되었으며(수원지방법원 2016노1172), 이에 대하여 원고가 상고하여 현재 상고심 계속 중에 있다(대법원 2017도3476).”

3. Additional determination by this Court

A. The Plaintiff’s ground of appeal asserts as follows in this court’s grounds of appeal.

1) In accordance with the grounds of the first disciplinary cause (1) relevant to the grounds of the first disciplinary cause (i) 1, i.e., mistake of facts or misunderstanding of legal principles) 1, E’s statements are not only inconsistent with the statements of the persons concerned, but also cannot be believed to have been made more concrete and refined as time has elapsed, and it is also erroneous for the first instance court to have acknowledged this part of the grounds of the disciplinary cause based on their statements, even though the Board of Audit and Inspection made it based on the inducement, omission, and distortion of the statements at a biased point in view of which

(2) On the other hand, it is unfair that the first instance court rejected the testimony in the F criminal case, even if its credibility is recognized, and the Plaintiff seems to have re-explosion of the examination at the time of the completion of document screening as well as to have acted consistent with the generally accepted social norms and ethics.