beta
(영문) 서울고등법원 2011.12.07 2011나42548

손해배상

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Establishment of liability for damages caused by a tort;

A. On May 17, 1980, the plaintiffs' assertion 1, C, and D ordered investigators belonging to the Joint Investigative Headquarters at the Martial Law Headquarters, and without prior arrest warrant, they were suspected of violating martial law crimes against the plaintiff B on May 17, 1980, and the same year.

6. 17. The Plaintiff forced the Plaintiff A to commit insurrection and violation of the Martial Law.

At the time, the plaintiffs were not provided with the opportunity to notify or defend the substance of the facts charged and the right to appoint defense counsel from the above investigators. In particular, since the plaintiffs B were members of the National Assembly, they could not be arrested and detained unless they were flagrant offenders.

2) While the Plaintiffs were detained as above, they could not have had a defense counsel or interview with their family members, etc. The above investigators forced the Plaintiffs to make a false confession while committing harsh acts, such as adviser and tata. 3) The Plaintiffs were detained on August 14, 1980. The Plaintiffs were indicted on the charge of each of the above charges. They denied the facts charged in the trial, and the evidence submitted by the military prosecutor was inadmissible due to its lack of admissibility or lack of probative value, the Military Court Conference on the Law of the Law of the Law of the Army at Headquarters of the Republic of Korea, even though

9. 17. Recognizing the Plaintiffs guilty, and sentenced the Plaintiffs A to 12 years of imprisonment and 2 years of imprisonment, respectively.

Although the plaintiffs were dissatisfied with this and the Army Martial Law High Military Court's Martial Law Conference was still convicted on November 3 of the same year, the plaintiffs were still convicted, and the two years of suspended sentence were sentenced to imprisonment with labor for the plaintiff B, but the appeal by the plaintiff A was dismissed.

Therefore, although the plaintiff A appealed, the Supreme Court dismissed the plaintiff A's appeal on January 23, 1981.

4 The plaintiff A was enrolled in the Seoul National University at the time, but was expelled due to the above illegal detention and trial, and was released on December 24, 1982 from the time when 921 was illegally detained on December 24, 1982. The plaintiff A returned to school on March 3, 198 and graduated from school on August 1, 198.

In addition, July 10, 1987

참조조문