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(영문) 서울중앙지방법원 2015.05.01 2013가합544430
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On March 12, 1976, the deceased E, such as the conviction of a violation of Emergency Measure No. 9 against the deceased E, was forced to proceed without a warrant on March 12, 1976, and after the facts charged in the attached list No. 1, the judgment of conviction was rendered by recognizing only one of the facts charged in the attached list No. 1 among the facts charged in the attached list No. 77No309, and the remaining facts charged as a single comprehensive crime cannot be deemed to have distorted facts in the reasoning of the judgment.

On May 13, 1975, the Presidential Emergency Decree for the National Security and the Protection of Public Order (amended by Presidential Emergency Decree No. 9, No. 67, Dec. 7, 1979; hereinafter “Emergency Decree No. 9”) was prosecuted for the violation of the Emergency Decree No. 9. On June 16, 1976, the court of first instance (Cheongju District Court 76No1290, Jun. 16, 1976) sentenced 7 years of imprisonment and suspension of qualifications to Dong E., and later (Seoul High Court 76No1290, Seoul High Court 76No4056), and the final appeal (Supreme Court 77No309, Jun. 9, 197; hereinafter “the first final appeal”) was dismissed on June 16, 197 and the Seoul High Court rendered a final judgment dismissing the suspension of qualifications and suspension of qualifications for 20 years and 307No978, Jun. 16, 1977.

On the other hand, the deceased E was released on July 4, 1977 after 480 days from the time of forced enforcement on March 12, 1976.

In addition, the deceased E was indicted for violating Emergency Decree No. 9 on the facts charged in the attached list 2, and was sentenced to 6 years of imprisonment and 6 years of suspension of qualification on February 16, 1978 (hereinafter “the judgment on the second review”), and the appeal against it was dismissed on July 13, 1978 (No. 78No118 of the Gwangju District Court Decision 78No18 of the Gwangju District Court) and became final and conclusive around that time.

On the other hand, the network E was detained on November 26, 197 on the facts charged in the attached list 2 list.

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