손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff was frighten of severe mental impulses and insults by police officers’ unlawful conduct; and (b) thus, the Defendant is obligated to pay the Plaintiff KRW 10 million as consolation money for emotional distress.
On August 24, 2014, police officers were illegally arrested the plaintiff without a warrant even though they failed to meet the requirements for the arrest of flagrant offenders after called to the scene where vagabonds had occurred due to a violation of signal between the plaintiff and the taxi article.
Police officers did not notify the principle of Modernity at the time of arrest, and they made joints on both arms and chests of the plaintiff, and they committed violent violence to the extent of the upper day.
B. Police C belonging to the District District did not take care of the Plaintiff’s criminal facts or the reasons for the conduct of a duty, but integrated the Plaintiff with the lock on the ground that the Plaintiff’s resistance was slick.
C. A criminal offense in the name failure of the Nowon Police Station, upon receipt of the protocol from the Plaintiff and questioning the Plaintiff unrelated to the case. D criminal case following the Plaintiff’s refusal to make a statement, forced the Plaintiff to make a statement in a high-tension manner on the ground that the Plaintiff exercised the right to refuse to make a statement, and the distance of the bar match was eventually bound by the Plaintiff to wear the lock on the part of the Plaintiff.
In addition, D criminal case took part of the plaintiff at a canter and laid down the plaintiff's hand.
2. Determination
A. First, as to the assertion of illegal arrest, comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 to 3, 1 to 2, 10-1, 2, and 11 as to the allegation of illegal arrest, evidence Nos. 1 to 10-1, 2, and 11, the Seoul Nowon Police Station B District E and C were dispatched to the site after receiving a report on August 24, 2014, around 05:30, and around 112, 2014. At that time, the taxi engineer F was subject to violence by the Plaintiff against police officers, and the Plaintiff sent a signal.