logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.02.11 2012가합6264
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination on the part of the claim ① KRW 11 million among the claims

A. The plaintiff alleged that he filed a complaint with the Changwon District Prosecutors' Office B, but the non-prosecution disposition against B was decided, and the plaintiff appealed to the Busan High Prosecutors' Office.

The Busan High Prosecutor's Office notified the plaintiff of the disposition to dismiss the above appeal, and the plaintiff submitted an application for arbitration within 10 days from the date of receipt of the pertinent notice to the plaintiff. The Busan High Prosecutor's Office dismissed the application for adjudication on the ground that the plaintiff's above application for adjudication should be governed by the former Criminal Procedure Act.

If the defendant applied the former Criminal Procedure Act at the time of the notification of the above disposition, the plaintiff could submit a reappeal to the Supreme Prosecutors' Office to the Supreme Prosecutors' Office and be tried. If the plaintiff's reappeal was dismissed in the Supreme Prosecutors' Office, the plaintiff could have received a constitutional complaint to the Constitutional Court, even if the plaintiff's reappeal was dismissed in the Supreme Prosecutors' Office. However, as the defendant erred by intention or gross negligence, the plaintiff was deprived of the plaintiff's right to claim which can be viewed as being

Therefore, the defendant is obligated to pay the plaintiff the consolation money of KRW 11 million.

B. 1) Comprehensively taking account of the overall purport of the pleadings, the following facts are acknowledged in the evidence Nos. 1 and 2 written evidence. ① The Plaintiff filed a complaint with the Changwon District Prosecutors’ Office 2010-type and 27975, but the Prosecutor in charge of the instant case did not institute a non-prosecution disposition (hereinafter “non-prosecution disposition in the instant case”).

(2) The Plaintiff appealed with the Busan High Prosecutor’s Office No. 2010 High Prosecutor’s Office No. 1415, and the prosecutor in charge of the instant case rendered a disposition dismissing the appeal on September 9, 2010, and the notice of disposition on appeal case stating the result of the above disposition (hereinafter “instant notice”).

B. The Plaintiff.

arrow