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(영문) 대구고등법원 2014.10.22 2014나20265

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, respectively.

Reasons

1. The reason why this court's reasoning is stated is that the corresponding part of the judgment of the court of first instance (No. 2, No. 12, No. 7, and No. 12) is the same as that of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 4

2. Occurrence of liability for damages;

A. 1) The State's responsibility is to protect the fundamental human rights of the people as the State and to guarantee the dignity and value of individuals as human beings, and even according to the Constitution of the Republic of Korea (amended by Act No. 6 of December 26, 1962) at the time when D is arrested as a violation of the Special Act of this case and subject to the judgment of the Revolution Court, Article 9 of the same Act provides that "All citizens shall have physical freedom. No person shall be arrested, detained, searched, interrogated, or detained except as otherwise provided by Act. In the case of arrest, detention, or search, a judge's warrant shall be issued: Provided, That if there is concern about the escape of flagrant offenders or destruction of evidence, an investigative agency may request ex post facto warrant as prescribed by Act. Article 22 of the same Act provides that "All citizens shall have the right to immediately assistance of counsel when arrested and detained, and Article 23 of the same Act provides that "No citizen shall have the right to a trial by a judge under the Act, and no citizen shall have the right to be tried nor shall have a judge's right to be convicted of unlawful acts in the process. 14."