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(영문) 대전지방법원 2017.11.02 2017나4858

손해배상(기)

Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

On June 22, 2009, the Plaintiff was appointed to Gangwon-do prison on the basis of the party status, and was a correctional public official transferred to the D prison of the C Regional Correctional Agency of the Ministry of Justice on December 13, 2010.

In January 2017, the defendant worked as the chief of the D prison security division, and the chief of the D prison security division has the responsibility to exercise overall control over the confinement and management of prisoners of the D prison, and the authority to direct and supervise the management of placement of employees within the department and the execution of duties by team.

From January 2, 2016 to July 6, 2016, the Plaintiff brought a criminal complaint and civil suit against the members of the club, etc. into the home room by inserting the car sets, indoor training bamboo and books, etc. into the home room, and read books during the working hours or listen English, and carried out dancing with indoor training bamboo.

According to the direction of the assistant principal E, the school chief F, who is a person in charge of personnel affairs, intended to give advice to the Plaintiff on June 9, 2016. On June 10, 2016, the Plaintiff threatened the Daejeon District Prosecutors’ Office to the effect that F had an indoor training killed and went to the Plaintiff, and filed a complaint against F to the crime of abusing authority and obstructing another’s exercise of rights. Accordingly, the Daejeon District Prosecutors’ Office issued a non-prosecution disposition on July 22, 2016.

Accordingly, the Plaintiff filed an application for adjudication, and the Daejeon High Court dismissed the application with the content that “the grounds for non-prosecution by the prosecutor are justifiable and not erroneous.”

On November 8, 2016, the Plaintiff filed a lawsuit claiming compensation of KRW 1,000,000 for mental consolation money against F with the Daejeon District Court.

On December 22, 2016, when the statement of E and G was attached to the F’s written reply, the Plaintiff filed a complaint against E and G on the charge of preparing false official documents and uttering of false official documents by asserting that the above statement of E and G was false. On March 29, 2017, the Daejeon District Prosecutors’ Office issued a disposition not to institute a prosecution against E on the charge of having no suspicion of E (the proposal to recognize a crime) and having no suspicion (Evidence of evidence) against G.

In this case.