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(영문) 서울중앙지방법원 2017.01.12 2015가단5377090

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 30, 2010, Defendant E, a public prosecutor affiliated with the Suwon District Public Prosecutor’s Office under the jurisdiction of the Defendant Republic of Korea, issued a non-prosecution decision (hereinafter “instant non-prosecution decision”) on the charge of violation of the Punishment Act (hereinafter “instant accusation case”), including the Defendant’s abduction of minors and violence against H, I, J, and K, for the following reasons.

1. Violation of the Punishment of Violences, etc. Act (joint residence intrusion): A around May 12, 2010, the suspect jointly intrudes upon the instant apartment house 505 Dong 1102, a residential premises of the C and B, the complainant on May 12, 2010. - The criminal suspect H did not have any circumstance to the extent that the complainant specifically allowed entry of the suspect H in advance or that such a measure would be expected to be taken as a matter of course for reasons such as home blasting at the time of the complainant's appearance. As such, it appears that the complainant's entry by the ordinary method of the suspect H at the time of the suspect H is recognized as the constructive consent of the complainant, and as seen below, B, a suspect H and I, who entered the said place, entered the suspect H and I, expressed removal to the suspect.

In light of the fact that there was no Gu, it does not constitute a crime of intrusion upon residence or non-compliance with the withdrawal of a suspect H or his/her dependent suspect I merely opened a door without the explicit prior consent of the complainants. - Meanwhile, according to the statement of the suspect and complainants and the recording records submitted by the suspect B at the time of confirming the suspect H and I's entry, it is recognized that the complainant B accepted it and exchanged with him/her even after confirming the suspect H and I's entry, and that there was no demand for the withdrawal to them. Thus, the complainants, who did not establish the crime of intrusion upon residence or non-compliance with the withdrawal, have altered the recording file of the on-site situation, which was the basis for the preparation of the above recording.