손해배상(국)
1.The judgment of the first instance shall be modified upon a request that has been modified in the trial as follows:
The defendant is the plaintiff himself and the deceased.
1. Basic facts
A. A. On March 6, 1974, the networkF was investigated in a state of detention without a warrant of about 10 days until the issuance and enforcement of a warrant of detention on March 15, 1974. 2) A suspect interrogation protocol on the networkF was prepared on March 12, 1974 and March 13, 1974, and was executed on March 15, 1974 as a warrant of detention on the networkF issued on March 15, 1974.
3) In the above unlawful detention, the investigator of the Central Information Department forced the deceased F to make a confession of facts suspected of suspicion, such as the fact that the deceased F was aware that the G was a member of an anti-government organization, and the deceased F made a false confession as required by the deceased F without any adviser and cruel act. (B) Based on the false confession and the statement by the deceased F as above, the prosecutor prosecuted the deceased F as charges of violating the anti-public law, based on the fact that the deceased F was found guilty and the execution of a sentence. (1) On the basis of such false confession and the statement by the witness, the prosecutor prosecuted the deceased F as the charges of violating the anti-public law in Seoul Criminal District Court 74Da160, 175, 181, 196 (combined).
2) On July 24, 1974, the above court found the Defendant guilty of all the facts charged and sentenced the Defendant F with imprisonment for three years and suspension of qualification for three years. The prosecutor and the Defendant F with appeal, the Seoul High Court reversed all the part concerning the net F among the judgment below on December 9, 1974, and sentenced the Defendant F with imprisonment for two years and suspension of qualification for two years and additional collection for two years and 20,000 won (hereinafter “instant judgment”).
The judgment of the appellate court became final and conclusive by the Supreme Court on April 8, 1975, on which the netF appealed, but the Supreme Court dismissed the appeal on April 8, 1975. 3) The NetworkF served as a prison term for execution of a sentence in accordance with the instant judgment, and was released on April 9, 1976, and died on July 29, 2007.
C. Judgment of not guilty, decision on criminal compensation, etc. is final and conclusive.