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(영문) 대구지방법원 2016.06.15 2015나310993
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff suffered serious damages due to the illegal act of police officers B, C, D, and E as follows, and thus, the Plaintiff claims damages pursuant to Article 2 of the State Compensation Act.

Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 13,500,000 (i.e., damages amounting to KRW 12,000,000 for consolation money due to mental damage and physical injury) and damages for delay due to efforts and time spent in preparation for the prosecution's appeal, prosecution's appeal, and application for adjudication.

1) On August 10, 2014, the illegal arrested police officers received the Plaintiff’s father’s assault report and dispatched the Plaintiff’s residence to the Plaintiff’s residence, and did not meet the requirements for arresting flagrant offenders, and arrested the Plaintiff without a warrant despite having failed to meet the requirements for arrest. The Plaintiff was not subject to a disposition of non-prosecution regarding the above assault case at the time of arrest. As the Plaintiff was subject to a disposition of non-prosecution disposition, the above arrest is an illegal arrest. 2) The illegal arrest police officers led the Plaintiff to the police box, sent the Defendant to the police box, and detained the Plaintiff without any question or investigation for two hours.

3) Although the Plaintiff suffered from bodily injury or assault, police officers did not inquire or confirm on the dispatch site regarding the assault report case, which became the force force of allowing police withdrawal of duty, but did not inquire or investigate any question or investigation even when the Plaintiff was detained in the police box for two hours.

B. At the time when Defendant police officers received 112 reports, they clearly suspected of committing a crime of continuing assault by the Plaintiff, and arrested the Plaintiff as a flagrant offender on the ground that the Plaintiff attempted to flee.

The plaintiff, after being arrested, takes the steps in the police box and takes a bath.

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