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(영문) 서울중앙지방법원 2014.10.31 2013나52409

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

The defendants shall pay to each plaintiff KRW 3,000,000 and this.

Reasons

1. Basic facts

A. The Plaintiff was a member of the Korea Democratic Trade Union Federation of Metal Workers’ Unions, and Defendant B was a police officer belonging to the Seoul Special Police Agency D police station around April 2010.

B. The Plaintiff, around 14:00 on April 6, 2010, had a dispute with the vice president C in the D police station street E, but in that process, the Plaintiff complained of the Plaintiff that he assaulted himself and carried a Handphone, and the Plaintiff went to the police station to confirm CCTV images installed within the police station, and was arrested in the act of assault against E and was investigated.

C. The Plaintiff, who was arrested as an offender in the act of committing an act of committing an offense, was detained in the D police station and the office for about 10 hours until he left the emergency room. However, around April 6, 2010, the Plaintiff entered a toilet with no corrective device inside the said criminal and the office (hereinafter “instant toilet”). On April 6, 2010, when approximately 4 minutes have elapsed since the Plaintiff entered the toilet, Defendant B left the said toilet room with his hand and opened several doors.

(A 6-2, 3CC-TV image around 19:48:43). When the toilet text was opened several, Defendant B was bringing in the toilet text in the gap of the Plaintiff, and the Plaintiff and the starting line were the string.

Afterwards, the Plaintiff stated that, from the toilet of this case, “I see that I see it in the toilet, I see why I see it,” and that I am going through about five minutes continuously.

E. On April 7, 2010, the following day, the Plaintiff opened a press room three times from around three occasions, and “the Defendant (the Plaintiff of this case) was under investigation by the D Police Station on April 6, 2010, and reported the b criminal case (Defendant B of this case)’s body by holding a toilet door on the part of the Defendant’s office. However, the B criminal case (Defendant B of this case) who was in charge of the investigation took charge of the investigation was forced to see the entirety of the Plaintiff’s body. The Plaintiff was flick in an insult that could not withstanding, thereby going to the emergency room in the hospital.”