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(영문) 수원지방법원평택지원 2016.05.11 2015가단17352
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a police officer, and the defendant is a person who retired while serving as a police officer.

B. On July 28, 2013, when the Plaintiff had been in charge of the investigation into the illegal game room, the Plaintiff filed a criminal intelligence report to the effect that the Defendant provided a visa for the illegal game room business owner and received a bribe in return, and issued a report to the police entrance C on August 28, 2013, stating the above contents and the investigation into the above illegal game room case, “an investigation report on the illegal game room” was issued to the Plaintiff.

C. On August 30, 2013, the foregoing C posted articles “E” on the D Day on the basis of the instant internal section, etc. received from the Plaintiff, and the Gyeonggi Provincial Police Agency immediately issued a standby order, and then started internal investigation regarding the Defendant’s crime of bribery, etc., but the Defendant’s suspicion was not verified, and concluded on November 27, 2013. On December 31, 2013, the horizontal Housing Site Office of the Suwon District Prosecutors’ Office issued a non-prosecution disposition against the Defendant’s crime of abusing authority and obstructing another’s exercise of rights.

On October 30, 2014, the Defendant submitted a civil petition to the Gyeonggi Provincial Police Agency to inspect the Plaintiff. On February 12, 2015, the Plaintiff was subject to a disciplinary measure for two months of suspension from office due to suspicion of violating the duty of good faith under the State Public Officials Act, duty of confidentiality, duty of confidentiality, etc.

E. Around March 7, 2015, the Defendant filed a criminal complaint against the Plaintiff on the ground that the Plaintiff’s above acts constituted a false accusation, a crime of publication of suspected facts, and a crime of defamation, and that the Plaintiff insulting the Defendant around September 12, 2013.

F. On August 28, 2015, the Suwon District Prosecutors’ Office issued a disposition of non-prosecution on the whole of the charges against the Plaintiff on August 28, 2015, and also issued a disposition of non-prosecution on April 19, 2016.

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