위자료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The Plaintiff’s assertion filed a complaint against B as a crime of defamation, and C police officers affiliated with the Kimpo Police Station, who investigated the instant case (hereinafter “instant investigation”), omitted D’s statement in the column for the evidence-related relationship even though they did not inquire into D by telephone, and omitted the last part of text messages sent by B, and committed an act of neglecting duties or making false documents sent to the prosecution on November 14, 2016, by omitting “Neman’s Non-prosecution.”
Therefore, the defendant should compensate the plaintiff for the mental loss suffered by the plaintiff.
2. Prevention, suppression, and investigation of a crime constitutes a police officer’s duties. Since the specific details and methods of a police officer’s act are delegated with reasonable discretion based on a police officer’s professional judgment, where a police officer performs duties of suppression and investigation of a crime according to a police officer’s determination that his/her personal and material capacity is appropriate measures within the scope of his/her personal and material capacity under specific circumstances, taking into account the purport and purpose of granting such authority to the police officer, the degree of serious or imminent loss inflicted upon a police officer’s legal interests or citizens due to failure to take any other measure, the severity or degree of damage inflicted upon the police officer’s legal interests or citizens, and whether the police officer could take measures to avoid the result by predicting such result, unless it is acknowledged that such act has lost objective justification, it cannot be deemed a violation of the law and regulations, which are the requirements for the State’s liability
(See Supreme Court Decision 2006Da32132 Decided April 24, 2008, etc.). In light of the above legal principles, the evidence submitted by the Plaintiff alone is insufficient to recognize that C committed an unlawful act during the investigation process of the instant case, and otherwise, evidence to acknowledge this is insufficient.