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(영문) 창원지방법원 2018.06.08 2017나57438

손해배상(국)

Text

1. Of the judgment of the court of first instance, the plaintiff against the defendant Republic of Korea equivalent to the following amount ordered to be paid.

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff attached an electronic device on December 31, 2013, upon obtaining a decision to attach an electronic tracking device for three years in the Daegu District Court’s Ansan Branch.

B. (1) On January 2, 2014, the Plaintiff did not charge a portable tracking device at the Plaintiff’s home at around 06:45 and around 09:02, and the Plaintiff arbitrarily divided the portable tracking device from around 15:18 on January 6, 2014 to 16:34 on the same day. (2) On January 10, 2014, the Plaintiff arbitrarily divided the portable tracking device from around 22:46 on January 10, 2014; and (3) on January 11, 2014, the following day, the Plaintiff was sent to the Plaintiff’s house by employees of the Changwon Probation Office (hereinafter “Probation Office”).

The Plaintiff was asked of questions as to whether a portable tracking device was sent out from the above employees, thereby obstructing the performance of official duties of the probation office’s employees by threatening that “I would not get a phone without a phone. If you were to go at the house without a prior notice, I would am dead at the city.”

3) On January 12, 2014, around 23:27, the Plaintiff reported the malfunction of the device installed with an electronic device to the probation office, and the rapid response team belonging to the probation office called the Plaintiff’s residence at around 24:00 on the same day, and demanded an inspection of the device and interview. However, the Plaintiff cited the knife and did not threaten the employees of the rapid response team. (c) On January 13, 2014, the Plaintiff issued a warning of escape from the scope of response to the device installed at around 04:45 on January 13, 2014.

Therefore, the rapid response team called the plaintiff's house 05:30 on the same day, but the plaintiff was waiting for the door before the plaintiff's house.

2. The employees of probation office, including Defendant B, called the Plaintiff’s house with the police, and then called the Plaintiff’s house at around 09:30 of the same day.