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(영문) 대구지방법원 2019.09.05 2019나303399

손해배상(기)

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The public officials belonging to the Daegu prisons of the Defendant were subject to the disciplinary measure of 25 days by force, even though there was no suspicion of indecent act by force against the Plaintiff. In investigating the Plaintiff’s indecent act by force in the Plaintiff’s prison, the Plaintiff made an illegal investigation by selecting a witness disadvantageous to the Plaintiff, manipulating evidence, etc., and leaked the Plaintiff’s objection to the press organization. 2) The Plaintiff attempted to send a letter necessary for the relief of the Plaintiff’s rights, such as filing a corrective report request and proof of content, to the press organization that reported the Plaintiff’s suspicion, but the public officials belonging to the Daegu prison were denied by abusing and abusing discretion.

3) The public officials belonging to Daegu Correctional Institutions provided non-sanitary meals on the so-called intermediate food system that enables public officials belonging to Daegu Correctional Institutions to learn food early one hour prior to the Plaintiff by abusing their official authority, and violated the Plaintiff’s personality rights by treating the non-human treatment, such as prohibiting the use of personal goods and neglecting dental treatment. Accordingly, the Defendant is obliged to pay to the Plaintiff KRW 21,00,000 as compensation for mental damages suffered by the Plaintiff due to the aforementioned tort committed by the public officials belonging to the Defendant, as well as damages for delay.

B. Defendant’s assertion 1) The 25-day disciplinary measure against the Plaintiff was taken by the Daegu Prison’s decision, following a thorough examination by the Daegu Prison, and is not unlawful, and there was no fact that the Plaintiff unlawfully restricted the treatment in the course of investigating or executing the indecent act by compulsion in the Plaintiff’s prison, and the Plaintiff’s suspicion was not disclosed to the press. The issue of distribution alleged by the Plaintiff is only an inevitable time difference in the process of directly delivering food to many prisoners, and there was no unsanitary and unhuman treatment against the Plaintiff. 2) The Daegu Prison prison, a period of the Plaintiff’s release, was eight days. < Amended by Act No. 1487, Aug. 25, 2017>