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(영문) 서울중앙지방법원 2016.09.28 2015가단182433

손해배상(기)

Text

1. Defendant Korea’s KRW 3,800,000 as well as 5% per annum from October 18, 2014 to September 28, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 21:55 on October 18, 2014, the Plaintiff reported to the police at the main point of “F,” operated by the Plaintiff, i.e., the Plaintiff’s “F,” which was located in Bupyeong-si, Seocheon-si, Seocheon-si, and reported to the police, on the following grounds: (a) Defendant B and C, a police officer belonging to the Busan High Police Zone G District, were dispatched to the Plaintiff, and (b) Defendant B tried to arbitrate the situation between the Plaintiff and the customers; (c) the Plaintiff and the Defendant B continued to have their own store; and (d) the Plaintiff was trying to photograph Defendant B by making a handphone while entering his store, and the Defendant B attempted to stop this.

3) The Plaintiff and other police officers, who were both Defendant B and Defendant B, sent the Plaintiff and arrested the Plaintiff as a flagrant offender committing obstruction of the performance of official duties. 4) The Plaintiff was indicted for committing the crime of obstruction of the performance of official duties at the Incheon District Court 2015Kadan233. However, on May 14, 2015, the Plaintiff was acquitted of the facts charged on the following grounds, and the judgment became final and conclusive around that time. (A) On the street above the “F” point of the Plaintiff’s operation of the Plaintiff in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City on October 21, 2014, the Plaintiff reported to the effect that he was a customer who would be under the influence of alcohol; (b) on the ground that there was an assault by the police officers belonging to the Kucheon-gu Police Station, who were in charge of assaulting the Defendant B, who was a police officer of the Republic of Korea, on the ground that the police officer’s request was not made.