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(영문) 서울중앙지방법원 2015.06.05 2013가합544362

손해배상(기)

Text

1. The plaintiff A's lawsuit shall be dismissed.

2. All of the plaintiffs' claims except the plaintiff A are dismissed.

3...

Reasons

1. Basic facts

A. On November 11, 1977, Plaintiff A, J, Y, and AC (hereinafter “Plaintiff A et al.”) (hereinafter “Plaintiff A et al.”), Plaintiff A was detained, investigated, and tried by the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”).

(2) Emergency measures (hereinafter “Emergency Measures No. 9”) issued pursuant to Article 53 for the national security and the protection of public order.

(2) On November 16, 197, a detention warrant was executed and detained on April 16, 1977 after being arrested as the suspected facts of violation. Plaintiff J was arrested on April 23, 1979 as the same suspected facts and detained on May 16, 1979. PlaintiffY was detained on October 23, 1979 as the same suspected facts. PlaintiffY was detained on October 23, 1979. Plaintiff A was detained as above, and Plaintiff J was detained on the ground of the Seoul District Court’s Youngbuk Branch Branch 77Gohap341, and Plaintiff J was 79Gohap146, the Seoul District Court’s Sungbuk Branch Branch 79Gohap2799, each of the following actions is prohibited:

An act of making or spreading a will or by distort a fact;

(b) An act of unfairly pointing out, distorting, or slandering the Constitution of the Republic of Korea, or an act of claiming, petitioning, or publicizing an amendment or abolition thereof, through representation of means of public radio waves, such as an assembly, demonstration, newspaper, broadcasting, communications, etc.

(d)an act of openly slandering this measure. (2) An act of openly disseminating any content contrary to subparagraph 1 by broadcast, news, or other means, or of producing, distributing, selling, selling or displaying any content thereof.

(7) Any person who violates this measure or the measures of the competent Minister pursuant thereto shall be punished by imprisonment for not less than one year.

In such cases, the suspension of qualification for not more than ten years shall be concurrently imposed.

The same shall also apply to a person who has neglected, prepared or conspired to commit an attempted crime.

It was prosecuted as charges of violation and obstruction of performance of official duties, injury or public structure and fire prevention.

3. On January 28, 1978, the Yeongdeungpo Branch of the Seoul District Court No. 9 of the above charges against the plaintiff A.

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