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(영문) 서울중앙지방법원 2014.12.04 2013가합564601

손해배상(기)

Text

The defendant shall start from November 25, 2014 with respect to the amount of KRW 60,008,480, KRW 26,672,320 to the plaintiff Eul and each of the above amounts.

Reasons

Basic facts C, from May 1960, was arrested on May 18, 1961 without the warrant of a judge on May 18, 1961, after the military rhe had been arrested on May 16, 196.

After the arrest of the deceased C on June 21, 1961, the Special Act on the Punishment of Special Crimes (hereinafter referred to as the "Special Act of this case") was enacted and promulgated on June 22, 1961 by Act No. 630 on June 21, 1961.

Article 6 of the Special Act of this case provides, “A person who, while being in the major position of a political party or social organization, has been in the position of the chief executive officer of the political party or social organization, commits an act to perform the purpose by praise, rubber, concert, or by other means, shall be punished by death or imprisonment for life or for not less than ten years,” and the Addenda of the Special Act provides, “This Act shall apply retroactively to the period of three years and six months from the date of its promulgation,” thereby recognizing the retroactive application of punishment.

On October 26, 1961, the network C was prosecuted by the Revolution Prosecutor's Office in violation of Article 6 of the Special Act by the Revolution Tribunal.

On January 16, 1962, 1962, Clerks 1962, Clerks 139 and 192, the Court of Revolution sentenced the deceased C to imprisonment with prison labor for a violation of the Special Act of this case.

Therefore, although the deceased C appealed, the appellate court dismissed the above appeal as clerk No. 10 on April 6, 1962, and the above judgment became final and conclusive.

The net C was arrested on May 18, 1961 and detained for 943 days until December 16, 1963.

Plaintiff B as the wife of Plaintiff A and the deceased C, the wife of the deceased C and the final judgment of innocence. < Amended by Presidential Decree No. 2420, Oct. 24, 2012>