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(영문) 수원지방법원 2019.03.26 2018나81950
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. Finality of a prior criminal judgment;

A. On September 7, 2011, the Plaintiff was sentenced to a fine of KRW 2,00,000,00 for the criminal fact that “The Plaintiff was sentenced to a fine of KRW 2,00,000,00,00 in Suwon District Court in the appellate court where the Plaintiff was dissatisfied with the judgment of dismissal of the appeal, and the judgment of the first instance became final and conclusive as is, on the grounds that “The Plaintiff was sentenced to a judgment of dismissal of the appeal, which became final and conclusive in the appellate court.”

B. On April 10, 2015, the Plaintiff filed a complaint with Suwon District Court Decision 2013Ma674, stating that “When the judgment of prior injury became final and conclusive, the Plaintiff: (a) the doctor D who diagnosed the injury part of the Plaintiff, prepared a medical certificate of injury; and (b) submitted it to the public service center of the Gyeyang-gu Police Station, which was not related to C, for the purpose of having D et al. punished by penal punishment; (c) was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution; and (d) was dissatisfied with the foregoing judgment upon withdrawal of the appeal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 16 and 17, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the E Hospital operated by the Defendant prepares and issues a false report on the integrated records of, and written diagnosis of, injury to, C, thereby having the Plaintiff punished for the crime of injury and the crime of false injury. As such, the Defendant seeks to compensate the Plaintiff for damages KRW 25 million, KRW 5,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, for mental damage due to auction, stated in the petition of appeal in the court of first instance, and KRW 5,30,00,00,000,000,000,000,000,000,00 won.

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