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(영문) 서울중앙지방법원 2018.11.08 2018가합270
직권남용에 대한 무고와 명예훼손확인 등
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed, respectively.

2. The plaintiffs' remaining claims are all dismissed.

3...

Reasons

1. Basic facts

A. The Defendant is an investigator of the F police station, and the selecter is the chief of the F police station.

B. On March 15, 2015, D filed a complaint with the suspicion that he/she committed sexual harassment and sexual harassment by using his/her deceptive scheme and force as the president’s status as the president of the mountain club by using his/her deceptive scheme and force on March 15, 2015.

C. After investigating the instant case, the Defendant sent the instant case to the prosecution on the suspicion of indecent act by compulsion against D by force by force against the Defendant by making E a suspect around September 2017.

On October 29, 2015, the prosecutor in charge brought a prosecution against E against the following: “Defendant E: Indecent act by force,” as indicated in the facts charged in the instant case, the Defendant is the president of the Gangnam-gu Seoul Northern District Council: (a) on March 13: 15, 2015, when he/she performed a mountain cancer with the mountain members from among the I above mountain members located in Gangnam-gu, Seoul; (b) while he/she performed drinking with the mountain members, he/she takes the hands of the victim (such as 30 years of age) who is the same mountain member, and (c) after having the authority to perform the alcohol, he/she took the influence of the alcohol, and then the victim took the influence of the alcohol, and then the victim took the influence of the alcohol in his/her hand, and (d) he/she took the influence of the alcohol by force.”

E. The Seoul Northern District Court (Seoul Northern District Court 2015Ma3761) rendered a judgment ordering E to suspend the execution of imprisonment for 2 months, provide community service for 120 hours, and attend sexual assault treatment for 40 hours on the grounds that E is recognized as a indecent act by force as described in the facts charged.

E appealed against the above judgment, but was sentenced to the dismissal of appeal on August 24, 2017 (Seoul Northern District Court 2017No94), and was sentenced to the dismissal of appeal on October 24, 2017 (Supreme Court Decision 2017Do14218).

F. Meanwhile, D is on the ground that D suffered a considerable mental suffering due to E’s indecent act by compulsion.

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