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(영문) 서울중앙지방법원 2017.06.26 2016나73490
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. On February 14, 2015, B, and C, a police officer belonging to the Seoul Gangseo-gu Police Station, reported that a minor drinks alcohol at the main points located in Gangseo-gu Seoul Metropolitan Government D, and requested a person who drinks alcohol to appear to the main points and cooperate in identification verification, and conducted official duties, such as identifying the person’s identification card and inquiring about the person without identification card.

B. At that time, the Plaintiff (E) was drinking alcohol at the above main point with F, etc., and some of his customers, who were in a place, did not possess an identification card with respect to the above police officer’s request for identification assistance, and did not cooperate with the police officer’s identification verification by referring to the nonexistent resident registration number.

As the police officers want to request the customer to cooperate in identification and to verify their status at the same time, the police officers attempted to go out of the Plaintiff, etc., stating that “F is a scam police officer, Doz.” while working on the Plaintiff, the police officers attempted to go out of the Plaintiff, etc.

Accordingly, F who want to take out from the entrance of the main place, and police officers who demanded once again to verify their status, will be seen as having been in the face of the police officer B, and the police officer who requested once again to confirm their status. In the immediately following, the said police officer was given a warning that the said police officer would be subject to punishment for insult, even though he was given the warning that the said police officer would be subject to punishment for insult.

C. Accordingly, the above police officers attempted to arrest FF as a flagrant offender in the crime of insult, and the Plaintiff and G, who is one of the police officers, prevented the above police officers from arresting F, thereby preventing C from arresting F. The body of B, and obstructing the above police officers for ten minutes, thereby obstructing the police officers from arresting F. After that police officers arrested F. In the event that the police officers arrested F and carried out patrols, the police officers prevented the above police officers from attempting to escape F.

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