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(영문) 대전지방법원 2014.10.10 2014나103198
국가배상
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. Basic facts

A. On July 16, 201, the Plaintiff: (a) around 22:50 on July 16, 201, and around 22:50, intended the students waiting for a bus at the bus stop located at the bus stop located in the Gangnam-gu Seoul Special Metropolitan City, the bus stop; (b) one of the above students requested to provide assistance from the bus stop at approximately 10 meters away from the bus stop; and (c) when police officers went to the bus stop, the Plaintiff had the wall and cellular phone of the above student.

Accordingly, the police officers attempted to interrogate the plaintiff, the plaintiff s/he s/ she expressed a bath to police officers, and assaulted the above police officers.

B. Police officers arrested the Plaintiff as an offender in the act of obstruction of performance of official duties, etc., and upon the Plaintiff’s resistance, the police officers used the Plaintiff.

C. On October 28, 2011, the Plaintiff was sentenced to a fine of KRW 5,00,000 for the crime of obstruction of performance of official duties in the Daejeon District Court Decision 201 High Court Decision 1423 Decided October 28, 201, and the Plaintiff’s appeal and appeal were dismissed, and the said judgment became final and conclusive.

[Grounds for recognition] The entry of evidence Nos. 1 and 3 in Eul, significant facts to the court of the trial, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The police officers asserted that the Plaintiff did not notify the Plaintiff of the grounds for arrest or the right to appoint a defense counsel, etc., and arrested the Plaintiff as a flagrant offender, followed the Plaintiff’s arms, etc., and did not put the Plaintiff on the wall. Although the Plaintiff complained of the suffering, the police officers did not have frighted or frighted on the wall.

Accordingly, the Plaintiff was unlawfully detained for 6 hours at the police box, and was injured by a police officer for 3 weeks of medical treatment. As such, the Defendant is liable for compensating the Plaintiff for damages incurred by the police officer in the course of performing his/her duties (negative 1,695,372 won, positive damages of 205,506 won).

B. The police officer did not inform the Plaintiff of the grounds for arrest, the right to refuse to make statements, the right to appoint a defense counsel, etc. in the course of arresting the Plaintiff as an offender in the obstruction

(b) the provisions.

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