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(영문) 서울중앙지방법원 2016.06.03 2015가합565066

손해배상(기)

Text

1. As to each of the Plaintiffs’ KRW 70,201,99 and each of the said money, the Defendant shall be annually from May 20, 2016 to June 3, 2016.

Reasons

Basic Facts

On July 30, 1968, the deceased E was arrested on the investigation, trial, and release network for the network E (hereinafter “the network”) and was investigated as “R case” together with F, G, H, I, J, K, L, L, M, N,O, P, and Q. On September 9, 1968, the Defendant was detained on the charge of violation of the National Security Act, violation of the antipublic law, and the charge of conspiracy for insurrection.

On January 18, 1969, the Seoul Criminal District Court (68Da26652, 29827) found the deceased not guilty of the remaining facts charged, and sentenced the deceased to five years of imprisonment and suspension of qualifications for the deceased.

The deceased and the prosecutor appealed against the above judgment, and the Seoul High Court (69No133) reversed the judgment of the court of first instance on May 27, 1969 and sentenced the deceased to a suspended sentence of five years and suspension of qualifications for three years.

(hereinafter “instant judgment subject to a retrial”). Of the instant judgment subject to a retrial, the part regarding the Deceased was final and conclusive as it did not appeal by the Deceased and the Prosecutor.

On the other hand, the deceased was arrested by the Central Information Division investigator on July 30, 1968 and detained without a warrant on August 5, 1968, and a warrant of detention was issued on August 5, 1968.

On June 4, 1969, the Deceased was released on bail.

On April 8, 2009, the Korean History Settlement Commission conducted an investigation into the case of R&D by the Korean History Settlement Commission for the truth-finding and reconciliation, and conducted a truth-finding on April 8, 2009, that “The Korean Information Service arrested 13 persons, including F, from July 30, 1968, under the name of “R case,” and executed it as an anti-government organization. As a result of the investigation, the Korean Information Board was found to have received false confessions through illegal confinement for a period of time between 3 to 53 days on the deceased and F, and it was confirmed that the Korean Information Board fabricated the facts constituting “R” and fabricated the facts constituting an anti-government organization.