logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.20 2016나3835
기타
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 27, 2013, the Plaintiff filed a complaint with the Seoul Southern District Prosecutors' Office on September 27, 2013 on the charges of special assault, intimidation, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.). E, a police officer belonging to the Seoul Geumcheon Police Station, received a dividend of the above accusation case and investigated the case. 2) E prepared a written statement against the Plaintiff on November 8, 2013, and sent the said accusation case to the Seoul Southern Southern District Prosecutors' Office on December 16, 2013 according to the prosecutor F public prosecutor's order of the Seoul Southern District Public Prosecutors' Office.

B. On June 25, 2014, the Plaintiff filed a complaint with the Seoul Southern District Public Prosecutor’s Office (hereinafter “Seoul Southern District Public Prosecutor’s Office”) on the charges of violating the Punishment of Violence, etc. Act (joint assault), including D, G, H, I, J, K, Intimidation, assault teachers, and assault teachers, etc. (joint assault) on June 25, 2014, and E received a dividend of the above case and investigated the case. 2) E confirmed that there was a decision not to institute a prosecution on the case for which the Plaintiff filed a complaint against the same facts, and then sent the case on September 5, 2014 to the Seoul Southern District Public Prosecutor’s Office (hereinafter “Seoul Southern District Public Prosecutor’s Office”).

[Ground of recognition] The fact that there is no dispute, Gap's 24, 28, Eul's 1, and the purport of whole pleading

2. The assertion and judgment

A. Even if the prosecutor’s summary of the Plaintiff’s assertion was dismissed, E is obligated to investigate and investigate the case filed by the Plaintiff in accordance with the Police Service Regulations as a police officer.

E The submission of a written opinion to the effect that the case was not investigated and sent without suspicion constitutes a tort, and the defendant is obligated to pay the plaintiff the damages amounting to KRW 10 million due to the tort and the damages for delay.

B. In full view of all the evidence submitted by the Plaintiff, E is unlawful by intention or negligence in investigating the Plaintiff’s complaint case.

arrow