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(영문) 부산지방법원 2014.04.18 2013나14948
손해배상(기)
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. The reasoning for the court’s explanation on this part of the underlying facts is as follows: (a) the part of the reasoning for the judgment of the court of first instance, i.e., the “componed in 2nd 8” in paragraph (1), i.e., the “componed in 2nd 8” in the part of paragraph (1), and the “exponed in 4nd 4th 38” in the part of the evidence for recognition, except for the removal

2. The plaintiff's assertion and judgment

A. Police officers who investigated each of the instant accusation cases including the Plaintiff’s assertion P and Q, etc., shall manipulate, alter, and destroy evidence and investigation records in response to the request from B, and abandon their duties by failing to take necessary measures for investigation despite the apparent suspicion of crime.

The plaintiff suffered physical or mental damage by the tort committed by the investigative agency as above, and pursuant to Article 2 of the State Compensation Act and Article 756 of the Civil Act, the defendant shall pay 10,000,000 won for property damage caused by the criminal act in the case "B", and 7,260,000 won for property damage caused by the criminal act in the case "A" and 12,000,000 won for consolation money due to the non-prosecution disposition in the case "B" and 12,00,000 won for each of them.

B. Determination 1) The prevention, suppression, and investigation of a crime constitutes a police officer’s duty (see Article 2 subparag. 1 of the Act on the Performance of Duties by Police Officers, and the specific contents and methods, etc. of such duty are delegated to a police officer’s reasonable discretion based on his/her professional judgment. Thus, if a police officer performs his/her duty of suppression and investigation according to the judgment that it is appropriate measures within the scope of his/her human and material capacity under specific circumstances, the police officer’s duty of suppression and investigation of a crime is infringed due to the purport and purpose of granting such authority

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