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(영문) 서울서부지방법원 2016.07.15 2015나2731
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 plaintiff's assertion and judgment

가. 원고의 주장 원고는, 2013. 11. 27. 안양시 만안구 C 소재 D초등학교 행정실 내에서 경찰관인 피고가 원고의 몸을 수색하고 서 있던 원고를 강제로 의자에 앉히던 과정에서 양손으로 어깨부위를 눌러 허리 부위가 삐끗하게 하는 상해를 입혔으므로, 그로 인한 손해를 배상하여야 한다고 주장한다.

B. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 3 through 5 of the judgment, the Plaintiff sent the disturbance upon receiving a report from the Defendant, who is a police officer in charge of the instant school, on November 27, 2013, such as taking a bath to E in the class of the second and fifth grade class class class class class of D elementary school located in Ma-gu, Ansan-gu, and the corridor, etc., as of November 27, 2013. In the process of hearing the details of the report and the circumstances of the case, etc., it is difficult to view that the Defendant used the Plaintiff’s arms together with the police officer who was sent the defect that the Plaintiff attempted to escape from the disturbance while hearing the details of the report and the circumstances of the case, and it is difficult to view that

The evidence No. 11 submitted by the Plaintiff is a medical certificate prepared on March 13, 2014. It is insufficient to view that the Plaintiff sustained any injury at the time of the instant case solely based on the description of the medical certificate, in light of the degree of injury, interval between the said case and time, etc.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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