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(영문) 의정부지방법원 2015.02.06 2014나13144
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a complaint against D, E, and F (hereinafter “suspects”) as a violation of the Act on the Excavation of Graveyards, Funeral Services, Etc., by asserting that the representative of C, his members, and D, E, and F, who were their members, excavated the remains buried without reporting, and buried them for cremation.

B. The defendant is a police officer belonging to the Seoul Seongbuk Police Station's Economic Team, and the above person A.

After receiving dividends from the accusation cases described in paragraph (4), the suspect investigation against D, E, and F, the investigator investigation against the plaintiff, and the witness investigation against G, the Seoul Central District Prosecutor's Office was not prosecuted (not guilty). The prosecutor in charge of the Seoul Central Prosecutor's Office decided not to prosecute the suspects.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 7, 11, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. Assertion and determination

A. The gist of the Plaintiff’s assertion is as follows in the course of investigating the above complaint case, the Defendant destroyed evidence and committed an unlawful act of preparing a false official document. As a result, the Defendant rendered a decision not to prosecute the above complaint case and thereby inflicted mental pain on the Plaintiff.

Therefore, the defendant is obligated to recover mental damage suffered by the plaintiff.

1) At the time of a telephone investigation into a witness G, the Defendant made a statement to the effect that “The father H of the G was stopped by 1/4 of brain,” but “The father I of the G prepared a false criminal investigation report “in the absence of consciousness during the hospitalization of the medical center in brain color,” and intentionally omitted 20 documents, such as a written and supplementary statement submitted by the Plaintiff, and prepared a false list of records by stating the suspect D, not the Plaintiff, who submitted the documents in the statement column of the documents on the investigation record. 2) The Plaintiff prepared a false list of records by stating the suspect D, who was not the Plaintiff, in the statement column of the documents on the investigation record.

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