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(영문) 수원지방법원 2019.05.24 2019가단612

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around 14:00 on June 5, 2017, the Plaintiff asserted that he was assaulted by D and E, a police officer belonging to the above police station, at the Seoul Police Station located in Seoul, B, and thereby, the Plaintiff sustained an injury caused by the Defendant’s fright-of-way development, which does not require approximately five weeks of treatment.

In addition, the above police officers denied the fact that they assaulted the plaintiff as above, and instead filed a complaint against the plaintiff without prejudice.

Therefore, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above tort.

2. Determination

A. In full view of the overall purport of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 as to the claim for damages caused by violence and the purport of all the arguments and arguments, the plaintiff's defect of the appearance by selling to police officers belonging to the Seoul C police station around 14:00 on June 5, 2017, and the police officers belonging to the Seoul C police station took the plaintiff's arms, and further, it is recognized that the plaintiff's parts of the plaintiff's Mali were citizens.

However, in light of the background and degree of CCTV images revealed by the CCTV images inside the Seoul C police station at the time, and the police officer’s degree of public interest, etc., it is difficult to view the above police officer’s act as an act of assault to the degree of injury caused by the Plaintiff’s surface without the right side as alleged by the Plaintiff, or as alleged by the Plaintiff, it is difficult to view that the above act of the police officer was caused by the above act. There is no other evidence to acknowledge it otherwise.

Therefore, we cannot accept this part of the plaintiff's assertion.

B. Comprehensively taking account of the purport of the evidence Nos. 1 through 4 and the entire arguments as to the claim for damages caused by an accusation, the Plaintiff filed a complaint against the above police officers from the police officers belonging to the Seoul Seoul C police station to a 49733, Seoul Southern District Prosecutors’ Office 2017, and the prosecutor belonging to the above public prosecutor’s office after September 8, 2017.