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(영문) 의정부지방법원 2020.10.13 2019구합13973
심문조서열람등사불허처분취소
Text

Of the instant lawsuits, the part concerning the case in the Goyang District Prosecutors' Office in 201, 201, No. 13444 shall be dismissed.

Reasons

1. Details of the disposition;

A. The Plaintiff’s entry into the Army on May 14, 1998 and discharge from the military service on July 13, 200. C was the commander of the unit affiliated with B at the time, and D, E, F, G, H, and I were the volunteer soldiers in B.

(hereinafter referred to as “C, etc.”). B.

On September 1, 2011, the Plaintiff filed a complaint against C, etc. on charges of murdering or attempted murdering, and the prosecutor in charge dismissed the disposition on the grounds that there is no evidence or proviso to support the suspected charge or to proceed with the investigation.

(No. 13444, 201, hereinafter referred to as the "No. 1 criminal case") of the Cheongyang District Prosecutors' Office.

On December 28, 2011, the public prosecutor in charge rejected the petition filed by the Incheon Yongsan Police Station on July 4, 201 on the grounds that it is identical to the first criminal case that was closed and disposed of as a rejection on July 4, 2011.

(No. 33761, 201, hereinafter referred to as "No. 2 criminal cases"), d.

B argued that mental illness has occurred due to the beta and cruel acts of C, etc., and filed an application for registration of persons who have rendered distinguished services to the State seven times from 2003 to 2015. However, there was no evidence to prove that mental illness has occurred due to cruel acts, all of the above applications were made non-applicable decisions on the requirements of persons who have rendered distinguished

B filed an application for registration of a person of distinguished service to the State on October 29, 2018 for the same reason. On April 29, 2019, the decision was made on April 29, 2019 for the same reason.

The plaintiff and B filed an objection against the above non-applicable decision.

E. On July 12, 2019, the Plaintiff filed an application for a case record of “each suspect’s statement” among the records of the first criminal case with the Defendant on July 12, 2019.

On July 12, 2019, the defendant's disclosure of the records based on Article 22 (1) 2 of the Rules on the Affairs for the Preservation of Prosecutors' Offices is due to the disclosure of the records.

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