손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
(b).
1. Basic facts
A. On October 13, 1981, Plaintiff A violated Article 7(1) of the former National Security Act (amended by Act No. 4373, May 31, 1991; hereinafter “former National Security Act”) (amended by Act No. 4373, May 31, 1991; hereinafter “former National Security Act”); (i) was indicted as stated in attached Form; and (ii) the Defendant was arrested on the charge of violating the aforementioned provision (hereinafter “Plaintiff A”); (iii) the Defendant was convicted of the charge on February 18, 1982, and sentenced Plaintiff A to two years of imprisonment, three years of suspended execution and suspension of qualification and two years of suspension; and (iv) Plaintiff A was released on the same day.
(2) The Plaintiff A appealed (U.S. District Court 82No373), and on May 11, 1984, the appellate court reversed the first instance judgment on the grounds that the first instance judgment was justifiable to find the Defendant guilty of the facts charged, but the sentencing is somewhat heavy, and sentenced the Plaintiff A to one year of imprisonment, two years of suspended execution, and one year of suspended qualification.
(3) Although Plaintiff A appealed (Supreme Court Decision 84Do1319), the Supreme Court dismissed the appeal on October 10, 1984, and the said appellate judgment became final and conclusive following the dismissal of the appeal.
(hereinafter the above judgment of the appellate court is referred to as "the review judgment"). (b)
(1) On February 17, 2014, Plaintiff A filed a petition for review of a judgment subject to review (U.S. District Court 2014No2). On May 1, 2014, Plaintiff A was investigated in a state of unlawful detention since the forced execution of a warrant by an investigator without a warrant, and until a warrant of detention has been issued and executed. The above act by an investigator constitutes an illegal arrest and detention crime as prescribed in Article 124 of the Criminal Act.
On the other hand, the statute of limitations has already expired for the crime of illegal arrest or confinement by the above investigator.
Therefore, there are grounds for retrial as stipulated in Articles 420 subparag. 7 and 422 of the Criminal Procedure Act in the judgment subject to retrial.