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(영문) 서울고등법원 2015.12.08 2014나2006686

손해배상(기)

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, some of the following shall be added or added:

2. A portion used for adding or cutting;

(a)on the sixth judgment of the first instance court, the following three shall be added:

According to the relevant provisions, including the Framework Act on the Settlement of History for Truth and Reconciliation, the Defendant asserts to the effect that the hearing of statements by a person subject to investigation and a witness shall be conducted at the office of the Criminal Procedure Commission, except for the cases of a field investigation and the cases where there is a resolution by the Committee on the Settlement of History. As such, the fact-finding findings by the J and K, based on the fact-finding findings, are doubtful, and thus, it is not appropriate to take the fact-finding findings and the judgment on new trial based on the above facts-finding findings as evidence. However, the reasons stated in the above assertion alone are not sufficient to clearly doubt the credibility of the above witness’s statements, and the statement by the witness do not seem to have become an important basis for the truth

B. From 10 pages 10 to 11, 6, and 3 of the first instance trial (=Article 3-2) are as follows. 2) The details of the tort committed by the public officials belonging to the defendant and the severity of such unlawful act (the evidence submitted by the plaintiff alone is insufficient to readily conclude that the prosecutor and the judge who participated in the investigation and trial against the plaintiff A committed an unlawful act in the course of performing their duties. Accordingly, the plaintiffs' assertion on this issue is rejected.

(2) On September 1, 1984, the term of imprisonment with prison labor (seven years and seven years of suspension of qualifications) and the term of a prison (three years and ten months of imprisonment with prison labor), the age, occupation, social status, and relationship with other plaintiffs, and the relationship with the plaintiff A on October 5, 2012 when the plaintiff was illegally detained on September 1, 1984.