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1. The Defendant shall start on November 12, 2014 with respect to the Plaintiff A, KRW 144,232,08, KRW 53,333, and each of the above amounts.
Reasons
1. Facts of recognition;
A. On April 21, 1977, Plaintiff A was detained on the grounds of a espionage, violation of the National Security Act, etc. on or around April 21, 197, and was charged with the violation of the National Security Act by Seoul Criminal District Court 77Gohap465 (2) The above court convicted Plaintiff A of all the charges on October 28, 197, and sentenced Plaintiff A life imprisonment.
3) Accordingly, the Plaintiff and the Prosecutor appealedd as Seoul High Court 77No1985, and the appellate court reversed the judgment of the lower court on March 9, 1978 and sentenced the Plaintiff A to 10 years of imprisonment and suspension of qualifications for 10 years (hereinafter “the judgment subject to review”).
(4) On August 15, 1979, Plaintiff A appealed on a judgment subject to review, but the final appeal was dismissed by Supreme Court Decision 78Do756 Decided June 13, 1978, and the judgment subject to review became final and conclusive as it is. 4) Plaintiff A was detained for 847 days until he was released on parole.
B. After the decision of commencing a new trial and the decision of new trial 1), on January 8, 2010, Plaintiff A filed a petition for a new trial on the judgment subject to new trial with Seoul High Court 2010Jo3 on the basis of the truth-finding findings, etc. by the Committee for the Conciliation of History for Truth and Reconciliation, and the said court was involved in the investigation of the facts charged in the judgment subject to new trial on February 24, 201,
(2) The lower court determined that there was a ground for retrial under Article 420 subparag. 7 and Article 422 of the Criminal Procedure Act, and decided that there was a ground for retrial under Article 422 of the Criminal Procedure Act. (2) On September 23, 201, the lower court determined that there was a ground for retrial under Article 420 subparag. 7 and Article 422 of the Criminal Procedure Act.