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(영문) 서울중앙지방법원 2014.12.05 2013가합548456

손해배상(기)

Text

1. The Defendant: KRW 377,064,00 for Plaintiff A, KRW 400 million for Plaintiff C, and KRW 150 million for Plaintiff C, and each of them.

Reasons

1. Basic facts

A. The status of the parties A is a person who was convicted of violating the National Security Act, etc. as examined below, and was living in custody. The plaintiff B is the wife of the plaintiff A, the plaintiff C, and the plaintiff D are the children of the plaintiff.

B. On April 4, 1974, the Plaintiff A was arrested by the Central Information Department investigator, who is the Defendant, on or around the 15th day of the same month, and issued a warrant of detention to the said Plaintiff on or around the 15th day of the same month. (2) The Plaintiff A was detained without the warrant and did not have an opportunity to contact with his family or appoint a counsel and did not have an opportunity to contact with his family. The Central Information Department investigator did so by preventing the Plaintiff from locked while investigating the Plaintiff A, or by inducing tata or threatening him.

C. Plaintiff A’s conviction, etc. against Plaintiff A was indicted for violation of the National Security Act, espionage, and anti-public law, the Seoul Criminal District Court 74 Gohap329, 460 (combined), and the summary of the facts charged is limited to the facts charged (hereinafter “guilty facts”).

As indicated in the records. The above court found innocence as to Section II-15 of the facts charged on October 11, 1974, and acquittal as to Section I-1 through 4 on the ground that the statute of limitations expires, and found guilty as to the remaining parts, ten years of imprisonment, suspension of qualifications as well as additional collection of KRW 271,740 (hereinafter “instant judgment of conviction”).

(2) On April 8, 1975, the court below dismissed the prosecutor’s appeal on the acquittal portion of the first instance judgment as Seoul High Court (Seoul High Court 74No1403, and the above court dismissed the prosecutor’s appeal on April 8, 1975, and reversed the acquittal portion and the conviction portion of the judgment of the court below on the grounds of the prosecutor’s modification of the indictment, and found the remainder of the charges except for the part of Class II’s 15, the court below sentenced 10 years of imprisonment, suspension of qualification, additional collection of 10 years, additional collection of 271,740 won.