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(영문) 인천지방법원 2015.04.10 2014구합3024
공소권없음처분무효등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. After being appointed as a police officer on November 5, 1992, the Plaintiff was serving in the investigation of the Seoul Regional Police Agency and the B Investigation Team. On September 26, 2007, around 03:40 on September 26, 2007, Nonparty D and vagabonds were punished by Nonparty D in front of Incheon Strengthening military Co., Ltd.

D At the time of reporting to the police G and H, who arrive at the site of D, witness E, F, etc., stated that “A Plaintiff was under the influence of alcohol, and the Plaintiff was at the time of handling the Aggravated Robbery, and the Plaintiff stated that “D was likely to avoid escape due to the belief that D would have to put his hand on the back part of D while handling the Aggravated Robbery.”

At the time, D's safety was far away from the road, flag was pulse in the snow part, and the plaintiff's abnormal retail was teared, and the upper part was outside.

B. The Plaintiff and D, along with the above police, went to the Incheon Strengthening Police Station I district, and on September 26, 2007, the said district guard arrested the Plaintiff as a flagrant offender of the assault crime against D around September 26, 2007.

Therefore, although the Plaintiff was prosecuted by the Incheon District Prosecutors' Office 2007 type No. 93746, the Plaintiff was present at the Incheon District Prosecutors' Office on September 26, 2007 and expressed his/her intention not to prosecute the Plaintiff, the Plaintiff was subject to a non-prosecution disposition on October 18, 2007 (hereinafter "the instant disposition").

C. On October 26, 2007, the Plaintiff filed a complaint with the Incheon District Public Prosecutor's Office by asserting that he did not assault D but rather attached D intended to commit robbery, and that he did not commit robbery, and filed a complaint with the Incheon Public Prosecutor's Office on charges of attempted robbery, H, G, etc., such as abuse of official authority and suspicion of arresting abuse of official authority. However, on March 13, 2008, the Plaintiff was sentenced to a non-prosecution disposition of suspicion (incompetence of evidence). The Plaintiff appealed with the Seoul Public Prosecutor's Office but the appeal was dismissed.

On March 15, 2010, the Plaintiff filed a complaint with the Songpa Police Station in Seoul, under the suspicion of injury and non-injury to D, but the Songpa Police Station was the Seoul East District Prosecutors' Office on May 14, 2010.

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