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(영문) 청주지방법원 2018.12.04 2018가단30818
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion

A. The Defendant, including the Plaintiff, and his family members, and Cheongju-si C D, expressed a great son with the Plaintiff while drinking alcohol at the headline of Cheongju-si C, and led the Plaintiff to a vision. The Plaintiff was on the spot of his refusal to hear the Defendant’s horse, and the Defendant was keling the Plaintiff’s clothes and keling the Plaintiff’s clothes, and two times or the Plaintiff was led.

B. However, the defendant filed a false complaint by assaulting the plaintiff while the plaintiff took the defendant's chest for the purpose of having the plaintiff be punished for civil and criminal punishment.

C. On the basis of the evidence collected in the meantime and the consistent statement of the defendant, the judgment of innocence was finally affirmed by the Supreme Court.

Ultimately, since the defendant did not dismiss the plaintiff for the purpose of criminal punishment, it constitutes a tort, the defendant has made every effort to obtain a verdict of innocence or not guilty for two years, and has been living in snow per day, and is liable to compensate for 200 million won for such damages.

2. Determination

A. The facts of recognition (1) The plaintiff, as the defendant's mother, was living in Canada, and the defendant was living in Canadian and went to the drinking house called D on July 31, 2016 with his family, including the plaintiff, around 11:00 p.m. while the plaintiff was living in Canadian.

(2) In the first instance trial of a criminal case, the Defendant sent the suspicion of assault and insult against the Plaintiff to an investigative agency, and the Defendant was sentenced to conviction of assault in the appellate trial, but the Defendant was pronounced not guilty due to insufficient evidence in the appellate trial.

(3) In the court of first instance, “Plaintiffs based on the Plaintiff’s statements made by the Defendant, the victim, and the Defendant’s birth together with his/her name, and the Defendant’s other mother E’s statements, which were located in the same place, are located in Cheongju-si U.S.C. around July 31, 2018.

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