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(영문) 서울고등법원 2015.09.24 2015나2027970
손해배상(기)
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Presumed fact-finding 【Evidence without any dispute, Gap’s 1 through 15, and 31 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of whole pleadings;

A. The former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980) on June 29, 1978 (wholly amended by Act No. 9 of the Constitution of the Republic of Korea of the Republic of Korea of June 29, 1978; hereinafter referred to as “new Constitution”).

) Presidential Emergency measures (hereinafter referred to as “Emergency Measures No. 9”) are issued pursuant to Article 53 for the national security and the protection of public order.

(2) On July 9, 1978, after being arrested as the suspected violation of Emergency Decree, the warrant of detention was executed on July 1, 1978 and detained on July 9, 1978. Plaintiff B was arrested on July 1, 1978 due to the same suspected violation and detained on July 9, 1978. Plaintiff A was detained on July 14, 1978; Plaintiff B was detained on the ground of net CV, I, R, AI, A, B, and A as above, and was detained on the charges of violation of Emergency Decree No. 9 by the Gwangju District Court No. 78 Man-Ma151 (Attachment 2), and both Plaintiff B and B were dismissed on August 23, 1978, and the Prosecutor’s imprisonment with prison labor for five years and five years, Plaintiff I, and AI for two years and three years, suspension of qualifications and three years, suspension of qualifications for Plaintiff B, and three years and three years, suspension of qualifications for each of the instant appeal.

3 On August 23, 1978, Plaintiff I, R, AI, and A were released by the suspended sentence of the instant judgment subject to a retrial, and Plaintiff A.

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