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(영문) 서울중앙지방법원 2016.01.13 2015가합536723
손해배상(기)
Text

1. As to the Plaintiff A’s KRW 205,465,920, Plaintiff B’s KRW 136,97,280, and each of the said money from December 2, 2015.

Reasons

1. Basic facts

A. C was sentenced to a suspended sentence of two-year imprisonment in March 31, 1970 and suspension of qualifications in August 3, 1970, and C was sentenced to a suspended sentence of two-year suspension of qualifications in August 18, 1970. After the judgment became final and conclusive on October 3, 1970, on June 18, 1979, from the former National Security Planning Department (hereinafter referred to as the “National Security Planning Department”)’s officers, etc., who were crew members of the ordering port D and were in operation in the vicinity of the Military Demarcation Line in the same year, and returned to North Korea on June 14, 1969. The above case was sentenced to a suspended sentence of two-year imprisonment for violating the Fishery Resources Protection Act and the Anti-Public Law.

B. C was investigated as illegal under confinement for 23 days from June 18, 1979 when a warrant of detention was issued on July 10, 1979. During the course of investigation, C was subject to assault, adviser, and cruel act, etc., who was forced to return to North Korea for the purpose of carrying out a religious order received from North Korea during the period of detention, and was locked into Korea. After the judgment became final and conclusive, C was found to have discovered and collected state secrets from the time when the judgment became final and conclusive, and made a false confession with the content that “The Ha discovered and collected the state secrets and embling North Korea in North Korea,” which was executed on July 10, 1979, and the National Security Act was executed on June 15, 1982, and was repealed by the Presidential Decree No. 1083, Dec. 31, 1983; hereinafter the same shall apply).

C. On December 20, 1979, the Chuncheon District Court convicted C of all the charges charged against C on December 20, 1979, and held that C is guilty (three years and suspension of qualifications for a violation of the former anti-public law by domestic diving).

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