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(영문) 서울고등법원 2016.01.08 2015나2028874
손해배상(기)
Text

1. Of the judgment of the court of first instance, the plaintiffs excluding D, E, F, G, H, I, J, K, L, M, N,O, and P

3.Each.

Reasons

1. Basic facts

A. Plaintiffs Q, R, S, T, U,V, W, X, Y, and C (hereinafter “the instant parties”) were those who were engaged in a student movement opposing the Plaintiff’s status with a critical point of view on the genetic body system of the former president from around 1974 to around 1978.

B. Around November 3, 1978, Plaintiff Q, Q, and R distributed printed materials that contain the contents, such as the removal of a new constitution, in the rupture of the Republic of Korea on the date of the students opened at the Densan University on November 3, 1978.

Plaintiff

R was carried out by the police while distributing printed materials, and Plaintiff Q voluntarily surrenders himself and was investigated in the state of detention in the Incheon Police Station.

B) After a detention warrant was issued on November 9, 1978, the above plaintiffs were issued, and on November 29, 1978, the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Measure No. 9”) was issued on November 29, 1978.

(3) On October 27, 1978, the court below found the above plaintiffs guilty of all the charges against the above plaintiffs and sentenced the above plaintiffs to two years of imprisonment and suspension of qualifications for each of the above plaintiffs on November 1, 1978.

The Seoul High Court, the appellate court, held on April 19, 1979 that the above sentence was too heavy, reversed, and sentenced Plaintiff Q Q for one year of suspended sentence, suspension of qualifications for two years of suspended sentence, suspension of qualifications for one year of imprisonment for Plaintiff Q, and suspension of qualifications for two years of suspended sentence and suspension of qualifications for one year of six years of suspension of qualifications for Plaintiff Q and R (hereinafter “instant judgment subject to a retrial”).

The above judgment was finalized on April 27, 1979. D.

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