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(영문) 서울서부지방법원 2020.11.05 2019나40403
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The plaintiff's assertion that the defendant made a statement in a criminal case concerning the plaintiff's obstruction of traffic and issued a perjury as follows.

Accordingly, the plaintiff was convicted of a fine of KRW 700,000,000, and the plaintiff suffered from mental suffering, such as being frightened while providing community service, and thus, the defendant is obligated to pay 1.5 million won as consolation money to the plaintiff.

① If the Plaintiff’s head of C deducteds the Defendant from his vehicle set up in the Plaintiff’s parking lot, the Plaintiff would cut off his vehicle.

② After the police and the Plaintiff gathered, the Defendant entered the Category C and set up D.

③ The police, while making a telephone conversation, told the Plaintiff to cut off his vehicle to another place, the Plaintiff did not promptly cut off his vehicle, and went to the Defendant’s vehicle following the police and several vagabonds.

④ The Plaintiff obstructed traffic for a period of one hour.

2. When the testimony of a witness in a judgment of perjury is based on a false statement contrary to his memory, the whole of the testimony during the relevant examination procedure should be grasped as a whole, not a simple part of the testimony, and if it is found as a result of the examination that the witness has testified without the awareness that the mistake or omission goes against his memory, the crime of perjury cannot be recognized.

(See Supreme Court Decision 89Do1748 Decided May 10, 191, etc.). Comprehensively taking account of the overall purport of the arguments and videos stated in the evidence Nos. 1 through 12 as well as the overall purport of the pleadings, the Plaintiff: (a) was indicted on the side of the house near Mapo-gu Seoul, from March 1, 2015 to 22:40 on the side of the house; (b) while entering the city as a parking problem with neighboring residents and parking problems, the Plaintiff was charged with the general traffic obstruction that caused a large volume of 40 minutes to a fine of KRW 70,000 in the first instance trial and was sentenced to a fine of KRW 10,000 in the first instance trial (this Court Decision 2015Da802), the Plaintiff’s appeal and final appeal against it were dismissed (this Court Decision 2016No103, 2017Do2436).

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