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(영문) 대전지방법원 2014.11.25 2014나9012
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. Around May 2008, the Plaintiff and C, D, E, and F (hereinafter “offenders”) filed a complaint with the purport that “The Plaintiff refused the request for withdrawal from C around February 2006, upon receipt of a request for withdrawal from C at C’s home, and refused to comply with C’s request for withdrawal. The Plaintiff violated the Attorney-at-Law Act by receiving money from the Defendant, C, D, B, and E in return for the preparation of litigation-related documents, and committed indecent act against the Defendant (hereinafter “instant complaint”).

B. After that, the Plaintiff was indicted by Daejeon District Court 2008 Godan4207 and was convicted on June 3, 2009 of indecent act by compulsion, non-compliance with withdrawal, and violation of the Certified Judicial Scriveners Act by the above court.

Accordingly, on September 4, 2009, the Plaintiff appealed to Daejeon District Court 2009No1467, and rendered a judgment of not guilty on the part concerning non-compliance with the withdrawal from among each of the above crimes by the above appellate court, and was sentenced to the dismissal of the appeal regarding the remaining indecent acts by force and the violation of the Certified Judicial Scriveners Act.

On this issue, the prosecutor appealed (Supreme Court Decision 2009Do9606), but on December 24, 2009, the judgment dismissing the appeal was pronounced.

C. The Plaintiff filed a false complaint with the remaining complainants, and dismissed the Plaintiff, and made a false statement against his memory that each Plaintiff appeared as a witness in a criminal trial in the first and second instances against the Plaintiff at the court of the first and second instances against the Plaintiff, and filed a complaint against the Defendant for perjury and perjury on the ground that the Plaintiff was perjury. However, the prosecutor did not take a non-prosecution disposition as to perjury on the ground that “if punishment becomes final and conclusive for an indecent act by force and a crime of violation of the Certified Judicial Scriveners Act, there is no ground for retrial, and there is no practical benefit to discuss the grounds for retrial, and the victim’s statement was made in the same context, and it does not seem that the victim’s statement was made in the same manner, and that there was a difference in the method of expression,

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6, Eul evidence Nos. 1 and 2, and arguments.

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