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(영문) 대구지방법원 2018.04.27 2016가단119981
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 8, 2015, the Plaintiff was detained under suspicion of violation of the Narcotics Control Act, and was detained in the Ulsan Detention Center.

B. On April 6, 2016, a correctional officer issued a guard order against the Plaintiff on a lock and metal protective unit (hereinafter “instant protective equipment”) on or around 13:50, and revoked on or around April 8, 2016, around 14:00, and rendered a judgment against the Plaintiff, respectively, on or around April 2016 and May 2016.

C. On April 19, 2016, the Plaintiff received medical treatment on the ground of the pain by the Ulsan B Hospital on April 19, 2016, the Plaintiff was issued a diagnosis of the right-hand side and the unknown part, such as the typrym, salt, etc. requiring two weeks’ medical treatment.

On June 15, 2016, the Plaintiff was acquitted of violation of the Narcotics Control Act by the Ulsan District Court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff was admitted to a disciplinary video ward on April 6, 2016 by the Ulsan detention center’s prison officer. As such, from April 6, 2016 to April 8, 2016, the Plaintiff did not need to wear the instant protective equipment. Since the Plaintiff’s video relay was provided, there was no need to wear metal protective equipment up to the metal protective equipment among the instant protective equipment.

and the observation book of the protective equipment has not been prepared.

Therefore, the wearing of the instant protective equipment is unlawful in the course of procedure and is unlawful against the principle of minimum infringement.

② 2016. 4. 7. 11:00경 이 사건 보호장비 중 금속보호대를 풀었다가 같은 날 11:20경 다시 착용하는 과정에서 원고가 너무 아파 몸을 쪼그리자 울산구치소 교도관들은 원고를 공중에 들어 올린 상태에서 착용시켰고, 원고가 계속 허리를 숙이게 되자 교도관들이 원고의 발을 찼고 원고의 발이 교도관들에게 밟혀 타박상을 입게 되었는바, 교도관들이 주의를 게을리한 과실로 원고가 상해를 입었다.

(3)

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