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(영문) 서울중앙지방법원 2019.01.16 2018나18787
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

Basic Facts

On May 19, 2017, the Defendant filed a complaint with the Seoul Gangseo-gu Police Station on May 19, 2017, stating that “the Defendant, who was in a state of her ability to resist by drinking alcohol on May 17, 2017, was sexual intercourse with “Del” located in Gangnam-gu Seoul, and suffered the wife on the part of the fluent part of the fluence.”

On July 20, 2017, the public prosecutor of the Seoul Central District Public Prosecutor's Office determined that the Defendant was in a state of failing to resist, due to the circumstances of the Plaintiff and the Defendant's entrance and departure from office, which was taken on closed-circuit television (CCTV) video installed in the above Moel, and decided on July 20, 2017 against the Plaintiff.

Since then, the Plaintiff filed a complaint with the Defendant for the purpose of punishing the Defendant without any quasi-rapeing the Defendant. However, the Seoul Central District Prosecutor’s Office at the Seoul Central District Prosecutor’s Office in charge of the instant case comprehensively reviewed all the evidence, including the complainant, the accused, the witness’s statement, and the medical records against the Defendant on February 2, 2018, there is insufficient evidence to deem that the Defendant was unaware of the Plaintiff, and thus, rendered a non-prosecution disposition against the Defendant.

[Ground of recognition] The Defendant filed a complaint with the Plaintiff for false facts as above, where the Plaintiff knew or could have easily known that the Plaintiff did not engage in quasi-rape, the evidence Nos. 2 and 4, and the purport of the entire argument.

In order to cope with the defendant's false complaint, the plaintiff paid 5 million won at the attorney's fee and received serious mental suffering as a result of investigation as a suspect, so the defendant is liable to compensate the plaintiff for the above attorney's fee and consolation money.

Legal principles are suspected of being investigated due to the accused's accusation filed by the accused.

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