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(영문) 서울중앙지방법원 2015.04.16 2014가합570795

손해배상(국)

Text

1. The Defendant: KRW 65,562,00 for Plaintiff A and KRW 60,000 for Plaintiff B, and KRW 25,000 for Plaintiff C, D, E, F, and G, respectively.

Reasons

1. Basic facts

A. (1) On June 1969, Plaintiff A was a farmer in Jeju-do, and she was living in Jeju-do. On the other hand, Plaintiff A loaned the smuggling expense from Hanam-Nam for the purpose of punishing money and exchanged with each other by visiting the home of her wife and her home of her home of home of home of her home of home of home of home of her home of home of home of home of home of her home of home of home of home of home of home of her home of home of home of home of home of her home of home of residence. (2) On December 16, 1973, Plaintiff A was forced to act in the form of voluntary Dong of her home without a warrant on December 16, 1973 and investigated Plaintiff A as detained on January 8, 1974 without a warrant.

3 The J police station investigators forced the Plaintiff not to meet with his family relatives and forced the investigator to make confession as prescribed by the investigator while committing cruel acts, such as violence adviser, etc. In the end, the Plaintiff “H and I are members of the Federation of Korea, which is an anti-government organization, and the Plaintiff A received money and valuables from them while meeting with them and provided them with assistance or confidential information, and even after she returned to Korea, the Plaintiff et al. told the wife B, Jeju-do residents, M, N et al. to the effect that North Korea is a ground abortion, thereby harming the activities of anti-government organization or benefiting anti-government organization.

"A false confession made the content."

B. Plaintiff A’s conviction and new judgment 1) The Seoul District Criminal Court (Seoul District Court 74Dohap93) was indicted for a counter-espionage aiding and abetting, the National Security Act violation, and the violation of public law on June 28, 1974, and the suspension of qualification for two years and six months, and the Defendant’s appeal (Seoul High Court 74No869) and the Defendant’s appeal (Supreme Court 74Do3641) were all dismissed, and the said judgment became final and conclusive on January 28, 1975 (hereinafter “instant judgment subject to a retrial”).

As the judgment subject to a retrial became final and conclusive, Plaintiff A was detained and sentenced to imprisonment for 945 days from December 16, 1973 to July 17, 1976, the date of illegal confinement.