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(영문) 서울중앙지방법원 2017.04.20 2016가합507203
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the deceased’s spouse of the deceased E (hereinafter “the deceased”), and Plaintiff B and C are the deceased’s children.

B. On February 10, 2013, while getting on and returning a taxi driven by the Deceased (hereinafter “instant taxi”), F: (a) around 00:55, when the Deceased and the Deceased were incurred expenses due to the problem of taxi charges; (b) around the village hall located in the Geum-gu, Sejong-si (hereinafter “instant accident site”); (c) went on a taxi at the front of the village hall located in the Geum-gu, Sejong-si, Chungcheongnam-si (hereinafter “instant accident site”); (d) went on a taxi along with the Deceased, and (e) went on to the taxi, and (e) the Deceased assaulted the Deceased by breathing the epith of the Deceased; and (e) during that process, the Deceased was deprived of his consciousness and died.

(hereinafter referred to as “instant accident”). C.

F was convicted of “accident resulting from violence” in relation to the instant accident, but on June 20, 2013, F was subject to a disposition of unguilty suspicion (hereinafter “disposition of non-prosecution”) as to the death of the deceased at the time, and was prosecuted only for the crime of assault, and was sentenced to two years of suspended sentence for August in the Daejeon District Court Seosan Branch on January 9, 2014, and the said judgment became final and conclusive on July 25, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. In full view of the description of the Plaintiffs’ assertion, the causal relationship and predictability between F’s assault and the death of the deceased, taking into account the faces, booms images of the si, F’s left hand, etc.

Nevertheless, Defendant D, a police officer who was in charge of investigation at the time, did not return the original image of the taxi track to the taxi company without a thorough investigation, or did not conduct an impeachment investigation on the statement that he was a witness and witness, with the examination of the evidence which is an important proviso to investigation.

As a result, F's suspicion of assault and death is free.

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