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(영문) 서울서부지방법원 2019.04.11 2018나1548
손해배상 및 위자료
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. Determination as to the plaintiff's claim against the defendant B

A. A. The gist of the assertion ① A. D with the change of the fraud specialized in the litigation filed 15 criminal complaints against the Plaintiff around 2016 regarding the case of defamation against the Internet car page, the Plaintiff was investigated by a police officer of the Seodaemun-gu Police Station.

However, the investigator in charge was changed to Defendant B by filing an application for replacement of the investigator on the ground that the investigator was not easy to conduct the investigation in an unreasonable manner.

② Since then, Defendant B filed an application for replacement of a police officer again due to the police investigation conducted unreasonably to stop the Plaintiff from 5 to 7 hours without break time. Around June 25, 2016, Defendant B became aware of the contact that the investigator in charge was changed to the police officer of the team leader level.

③ However, on June 29, 2016, five police officers, including Defendant B, etc., worked as locked in front of Plaintiff’s house, presented the Plaintiff’s arrest warrant, and forced the Plaintiff to be the G Team office of Seodaemun Police Station, and immediately detained in the detention room and applied for a detention warrant.

④ On the following day, the Plaintiff requested the Defendant B to attend the trial of the civil lawsuit related to D, but continued confinement in the detention room, prevented the Defendant from attending the trial by intentionally transferring the trial time, and ordered the Defendant B to make an agreement by demanding a letter to be prepared and to pay a large amount of agreement during the investigation process.

⑤ As above, Defendant B, who committed a series of illegal acts in the course of performing his duties in a simple and unfair manner by putting them on the part of changing the professional fraud in a lawsuit, as seen above, is obligated to pay 2 million won as consolation money for mental damage to the Plaintiff.

B. Determination

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