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(영문) 의정부지방법원고양지원 2015.11.11 2015가단15835
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around 22:00 on July 30, 2013, B and C, who are police officers, belonging to the Defendant, arrested the Plaintiff as a flagrant offender in the front of the Esing room building located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, and bridged the Plaintiff, thereby causing injury to the Plaintiff by assaulting the Plaintiff on the following grounds: (a) detailed details that require treatment for 28 days; (b) the closure of the cage frame; and (c) the left-hand bridge and the left-hand chilled cage that require treatment for 85 days.

Therefore, pursuant to the main sentence of Article 2(1) of the State Compensation Act, the defendant is obligated to compensate for the plaintiff's damages caused by the illegal excessive acts of B and C, namely, the king treatment expenses of KRW 7,894,790, consolation money of KRW 20,000.

2. According to the statements or videos of Gap's 1 through 3, and 7 (including various numbers), the facts that police officers Eul and Eul were arrested the plaintiff as a flagrant offender at the front of the Escoping building located in Goyang-gu, Goyang-si around 22:00 on July 30, 2013, and exercised physical power; the plaintiff was diagnosed by the copage of the copage of the copage which requires the treatment for 28 days at the F Hospital on July 31, 2013; the plaintiff was diagnosed by the copage of the copage of the copage of the copage of which the 28 days need to be treated at the F Hospital on August 12, 2013; the medical treatment was diagnosed by the copter and the cophion of the left-hand manager in need of treatment for 85 days at the F Hospital on August 12, 2013; and the disbursement of KRW 7,894,790.

However, comprehensively taking account of the overall purport of Gap evidence No. 4 and the oral argument, on July 30, 2013, the following facts were revealed: (a) on the ground that the plaintiff abused Eul and Eul, a police officer, and obstructed the police officer’s lawful performance of duties, such as the maintenance of order and the arrest of flagrant offenders, etc., on the street of the Esing Buildings in Goyang-gu, Goyang-gu; and (b) on the ground that he/she abused Eul and C around July 22, 2013, and was indicted for obstruction of performance of official duties, etc. and sentenced to a fine of KRW 3 million on August 27, 2015 (Seoul District Court High Court Decision 2013Da1914, J. 1914; Supreme Court Decision 2014No2283, Aug. 284, 2015).

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