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(영문) 대전지방법원 2019.09.25 2018가단214415

국가배상청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the father of the deceased E (FF, hereinafter “the deceased”) who died on March 30, 2018 on or around 05:59, and the mother of Plaintiff B, and Plaintiff C and D are the births of the deceased.

B. On January 1, 2018, the Deceased and G were friendly with high school students, and around 05:46, at the first point located in Sejong Special Self-Governing City’s H convenience store, G reported the network outside of the area, and the Deceased 4 cigarettes of tobacco (madrid 7, 2 A, and 2 A), which entered the convenience store and displayed in the tobacco storage unit, and stolen it.

(c) The police officer in charge of the Chungcheongnamnam Police Station shall first specify G based on the images of the deceased and G taken by closed-circuit cameras around February 2018, which was after the occurrence of the foregoing case, and the same year;

3. 4. G was made a statement that G was accompanied by the deceased at the time while requesting G to appear and questioning G.

On March 4, 2019, a police officer in charge demanded the deceased to appear, and conducted an interrogation of the deceased on the same day. The deceased, his father, stated that the Plaintiff A’s mobile phone number is “J” and the Plaintiff B’s telephone number was “K”.

On the other hand, on March 6, 2018, the police officer in charge of the Chungcheongnam-nam Police Station sent the case to the Daejeon District Prosecutors' Office according to the Disposition of the prosecution against the deceased who was not detained.

The public prosecutor in charge of the Daejeon District Public Prosecutor's Office, who received the criminal case against the deceased on March 23, 2018, sent on March 23, 2018, called Plaintiff B's cell phone number recorded in the interrogation protocol of judicial police officers against the deceased, among the records sent on March 23, 2018. However, the other party who received the phone asked that he/she is the guardian of the deceased and that he/she is aware of the criminal case against the deceased, and that he/she said that he/she would make a call with the deceased.

Therefore, the above prosecutorial officials asked the deceased to make a telephone to be present at any time, and they were from the deceased.