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The family of a college student who died 23 years ago in sexual assault won the first lawsuit of a lawsuit for damages against the state. The court ordered the grieving family to suffer mental pain for a long period of time due to the insolvency of the police, and ordered the state to compensate the grieving family with a total of 130 million won.
The 25th Civil Settlement Division of the Seoul Central District Court (Director Gwan-Yong Lee) decided on the 2nd to win over some of the plaintiffs in a damages claim brought against the state by the family of the late Jung Mo (at the time 18), victim of the so-called “ death of a university student in Daegu ”. The principal amount of damages determined by the court is 55 million won, but if back interest from 1998, when the damage occurred, is added, the total amount of compensation increases to about 130 million won.
Jeong Yang, a first-year student at the Department of Nursing at Keimyung University in Daegu, was found dead by a dump truck on a road near Dalseo-gu, Daegu at dawn on October 17, 1998. At that time , there were indications of suspicion of sexual assault, such as the discovery of Jung’s underwear near the scene of the accident, but the police concluded the case as a simple traffic accident.
The truth was revealed only after 15 years. The genetic information (DNA) of Mr. A, a Sri Lankan man who was investigated by the prosecution for prostitution with a minor in 2013, was confirmed to match DNA from semen collected from Jung’s underwear. It was investigated that Mr. A raped two Sri Lankan accomplices and Mr. Jeong.
The prosecution applied the crime of special theft (15 years of accusation status) instead of the crime of special rape with a 10-year indictment status and charged A detainee. However, Mr. A was found not guilty in July 2017 for “the reason that the crime has not been sufficiently proven.”
However, the insolvency investigation of the police at that time was admitted by the court this time. After hearing the lawsuit brought by the grieving family, the court said: “The police quickly judged it as a traffic accident and did not collect evidence at the scene and conducted an initial investigation, such as delaying the testimony of the evidence, and this It is a violation of police duties, I saw that the state was responsible for compensation.
During the trial, the state claimed that “the time limit for survivors to claim damages has passed,” but the court did not accept it. The judge said: “It was only in September 2013 that the prosecution prosecuted Mr. A, and the plaintiffs were only able to uncover the fault of the investigating agency.” It goes against the notion of justice and fairness. “
Hyunjoo lee reporter [email protected]
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