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(영문) 서울고등법원 2015.05.28 2014나2020866

손해배상

Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and the plaintiffs' claims corresponding to the revoked part are all revoked.

Reasons

1. Basic facts

A. N on May 14, 1974, the judgment of conviction against N and content 1) N on May 14, 1974, by the President Emergency Measures (hereinafter “Emergency Measures”) by investigators affiliated with the Defendant.

(2) On August 13, 1974, N was charged with the charges of violation of subparagraphs 1 and 4, and was arrested without a warrant, and was investigated on May 22, 1974. A detention warrant was issued on June 9, 1974, and the detention period was extended on June 30, 1974. On August 1, 1974, N was continuously arrested until the public prosecution was instituted. 2) On the facts charged as stated in paragraph (1) of the attached Table 2, N was charged with the same charges, and the ordinary military court’s meeting convicted N on August 13, 1974 as a non-military official 42, and sentenced to ten years of imprisonment.

3) N was appealed by the High Military Court No. 74 non-high Military Court No. 42, and the appellate court accepted N’s allegation of unfair sentencing on September 23, 1974 and reversed the judgment of the lower court and rendered N’s imprisonment for seven years (hereinafter “instant judgment subject to retrial 1”).

(4) N was released on February 15, 1975, when it was in prison, from prison to prison execution suspension.

B. On June 13, 1975, the judgment of conviction against the Plaintiff G and the content of the set-off station 1) Plaintiff G’s “Emergency Measures for the National Security and the Protection of Public Order” by the investigators affiliated with the Defendant (hereinafter “Emergency Measures No. 9”) by the investigators affiliated with the Defendant.

(2) On July 16, 1975, the Daejeon District Court convicted Plaintiff G of the facts charged and sentenced 1 year of imprisonment with prison labor and 2 years of suspension of qualification to the suspension of qualification for the following reasons: (a) Plaintiff G was detained on the charge of violation without a warrant and was charged with an investigation; (b) Plaintiff G was charged with the same facts as indicated in attached Table 2(2). On July 16, 1975, the Daejeon District Court sentenced Plaintiff G to a suspended sentence of 1 year and 2 years of suspension of qualification; and (c) around that time, the

3 The plaintiff G was released on July 16, 1975, which was the date on which the decision for review was rendered.

C. Judgment and decision on the unconstitutionality of Emergency Measures Nos. 1, 4, and 9