손해배상(기)
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.
1. Basic facts
A. The judgment of conviction against the plaintiff A and B, etc. 1) The plaintiff A and B were issued on January 8, 1974 by the Presidential Emergency Measure No. 1 (hereinafter "Emergency Measure No. 1") that was issued on January 8, 1974 around the end of January 1, 1974 while attending the main university of C University and the third grade.
On February 2, 1974, police officers belonging to the Seoul Special Metropolitan City Police Bureau were arrested without a warrant due to the suspicion of violation.
After that, the above plaintiffs are attached on February 20, 1974.
3. On March 2, 1974, the plaintiff A was prosecuted as the facts charged and was sentenced to imprisonment with prison labor for 10 years for the plaintiff A and 7 years for the plaintiff B.
(A) On March 30, 1974, the first instance court's decision was reversed, and the first instance court's decision was sentenced to seven years of imprisonment and five years of imprisonment to Plaintiff A (Article 74-1244 of the first instance court's decision). The above judgment was finalized on July 16, 1974 (Article 74-1244 of the first instance court's decision).
(2) On the other hand, the above plaintiffs were released on February 15, 1975 when they were reinstated according to the judgment subject to a retrial under Article 1 of this case.
2) The Plaintiff A’s emergency measures for national security and the protection of public order (amended by the Presidential Emergency Decree No. 9, May 13, 1975; hereinafter “Emergency Measures No. 9”) during January 1976, which were revoked by the Presidential Notice No. 67, Dec. 7, 1979; hereinafter “Emergency Measures No. 9”).
)The Defense Security Command (hereinafter referred to as the “Security Command”) for suspicion of violation, etc.
In February 23, 1976, the investigator was forced to proceed without a warrant, and was detained on February 23, 1976.
After that, the above plaintiff was attached to the Police Officers in March 1976.
4. A person who was prosecuted as the facts charged and was sentenced to imprisonment with prison labor for a year and suspension of qualifications for a year on July 7, 1976;
(Seoul Criminal Court 76Gohap156). The above plaintiff and the prosecutor filed an appeal, but the Seoul High Court dismissed all the appeals of the above plaintiff and the prosecutor on November 16, 1976 (Seoul High Court 76No1767), and the Seoul High Court dismissed all of them (Seoul High Court 76No1767).