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(영문) 서울중앙지방법원 2017.12.12 2017가단25114
손해배상
Text

1. The Defendant’s KRW 5,401,369 as well as the Plaintiff’s annual rate from June 19, 2015 to December 12, 2017.

Reasons

1. Facts of recognition;

A. On June 6, 2012, the Plaintiff entered the Republic of Korea as a short-term tourism visa on June 6, 2012, and is currently staying in other visa (G-1).

B. On April 26, 2014, “B (the full name is unknown)”, who is ageed, was arrested as an offender in the act of larceny at night, and was investigated by the Gyeonggi-do Police Station, and was in possession of the Plaintiff’s foreigner registration certificate by stealing the name, alien registration number, etc. based on the Plaintiff’s foreigner registration certificate.

C. On May 16, 2014, the Sungwon District Prosecutors’ Office indicated the Plaintiff as the Defendant, and indicted the Plaintiff on the charge of the larceny of the said night structure at night as the Defendant’s crime. The Defendant was issued a detention warrant against the Plaintiff on July 30, 2014, when the Plaintiff did not appear on the trial date.

On November 10, 2014, Police Officers D, E, and F, who are police officers belonging to the Gwangju Mining Police Station C commander, arrested the plaintiff at the above police box, and the plaintiff was detained in Seongdong-gu under the above warrant on the same day.

At the time of arrest, the above police officers notified the pastor of the church that the plaintiff resided in G at the time of arrest, and were signed by the plaintiff in the written confirmation stating that the right to refuse to make statements and the right to appoint defense counsel was notified.

E. After investigating the Plaintiff, on November 10, 2014, the police officers transferred the Plaintiff’s personal illness to the Sungnam Branch of the Suwon District Prosecutors’ Office. During that process, the police officers and the public prosecutor H of the said public prosecutor’s office notified the Plaintiff of the detention, etc. to the ASEAN Embassy, and did not notify the Plaintiff of the consular notification right and consular interview right to contact with the consular officer.

F. The Plaintiff was released as a ruling of permission for release on bail on November 21, 2014 in Suwon District Court case No. 2013Da1006, Suwon District Court Sung-nam Branch, and the said court recognized that “B”, the Plaintiff’s seat on December 12, 2014, has copied the Plaintiff’s name, and there is no legitimate prosecution against the Plaintiff.

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