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All appeals are dismissed.
The costs of appeal are assessed against each party.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s ground of appeal
A. In the state liability for compensation, a public official’s harmful act should be against the statute, and the statute was violated.
It means not only a violation of the strict meaning of statutes but also a violation of the rules or norms that should be observed by public officials, such as respect for human rights, prohibition of abuse of power, good faith, etc., but also a violation of the rules or norms. Thus, if an investigative agency violated the limits of the laws and regulations or the sound reasoning that should be observed while conducting criminal investigations, it constitutes a violation of the laws and regulations.
(1) In cases where a criminal suspect is a socially weak person such as a juvenile, etc., he/she is obligated to respect the human rights of the people in accordance with the Constitution and Acts and subordinate statutes and make efforts to find substantial truth in the course of conducting investigation, etc. (see, e.g., Supreme Court Decision 2007Da64365, Jun. 12, 2008).
Therefore, a police officer should maintain objectivity in the process of making a statement of a suspect in the protocol, and if it is acknowledged that the suspect's right of defense was infringed by preparing a suspect interrogation protocol in violation of the above duty duties intentionally or by negligence, the State should compensate for the loss suffered by the suspect.
B. The lower court: (a) prepared an interrogation protocol on the Plaintiff C and F, a juvenile, by the police officer affiliated with the Defendant, and prepared the interrogation protocol on the Plaintiff C and F; and (b) the actual interrogation and statement details are as follows: (c) the specific investigative agency’s question on the date and time, place of the crime; (d) the conduct prior to the crime; (e) the process and details of the crime; and (e) the details of the crime.