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(영문) 의정부지방법원 2017.09.20 2016나12558
손해배상
Text

1. The plaintiff's appeal is all 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. A. On April 6, 2009, the Plaintiff was under the influence of alcohol at around 18:30 on April 6, 2009, and the Plaintiff found the E-district where Defendant B, a police officer, served as a police officer, and caused disturbance. (2) As a result, the police officer of the said district was asked about the details of the Plaintiff’s non-determination of the Plaintiff. As a result, the police officer of the said district identified the details of the dispatch of the Plaintiff, and confirmed the fact that the arrest warrant was issued for the Plaintiff’s non-determination of the Defendant, and arrested the Plaintiff, following necessary notification procedures, such as the fact of the distribution and detention warrant, the right to appoint a defense counsel, etc.

B. On May 16, 2011, Defendant D, a police officer, discovered the Plaintiff from an emergency stairs of the Plaintiff’s residence while conducting search as above, and confirmed that the Plaintiff’s domicile was registered in the jurisdiction, which was issued with a warrant of non-defluence as of November 2, 2009, separate from the crime of non-defence as stated in Article 1-A (a) of the crime of non-defluence in the list of designated recipients during the period of arrest of the suspect, and that the Plaintiff’s domicile was registered in the jurisdiction. On May 16, 2011, Defendant D searched the Plaintiff in the vicinity of the Plaintiff’s domicile. (2) When Defendant D discovered the Plaintiff from an emergency stairs of the Plaintiff’s residence while conducting search as above, Defendant D conducted necessary notification procedures, such as the fact of the arrest and detention warrant, and the right to appoint counsel as stated in the warrant of arrest, and arrested the Plaintiff.

【Ground for recognition】 Evidence Nos. 1, 2, B-B No. 1, B-C No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Regarding the arrest on April 6, 2009, the gist of the Plaintiff’s assertion 1) was as follows: (a) Defendant B and Defendant C, a captain of the E District at the time, illegally detained the Plaintiff, such as taking the locks without a warrant issued; and (b) Defendant C, a captain of the E District at the time, sought compensation for damages arising therefrom; and (c) Defendant D’s arrest on May 16, 201 without a warrant issued; and (d) Defendant D’s attempt to seek compensation for damages therefrom, as it unlawfully detained the Plaintiff, such as taking the Plaintiff’s handbs and necks, by force after passing the Plaintiff’s family member’s consent.

B. The evidence presented by the Plaintiff is alone.

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