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(영문) 서울중앙지방법원 2018.01.19 2013가합69632
손해배상
Text

1. The Defendant: 129,142,00 won to Plaintiff A; 36,250,000 won to Plaintiff B, C, D, E, F, G, and H; and 115,541.

Reasons

1. Basic facts

A. On December 19, 1975, Plaintiff A was arrested on December 19, 1975 under the Emergency Decree No. 9 without the warrant of a judge on December 19, 1975, due to the suspected violation of the Presidential Emergency Decree for the Protection of National Security and Public Order (hereinafter “Emergency Decree No. 9”), the violation of the Antipublic Law, and the violation of the National Security Act. On August 2, 1976, Plaintiff A was sentenced to imprisonment with prison labor for three years, suspension of execution five years, suspension of qualifications for violation of the Emergency Decree No. 9 on August 2, 1976, for the purpose of violation of the Emergency Decree No. 9, the Antipublic Law, and the National Security Act.

b) Plaintiff A appealed to the above judgment (hereinafter “instant judgment subject to a retrial”) and the Seoul High Court, which was the appellate court, dismissed Plaintiff A’s appeal on December 2, 1976 (76No1813), and Plaintiff A waived Plaintiff A’s appeal on December 4, 1974 and the instant judgment subject to a retrial against Plaintiff A became final and conclusive upon Plaintiff A’s waiver of the appeal on December 22, 1976.

2) On January 8, 1976, Plaintiff I was arrested pursuant to Emergency Decree No. 9 without the warrant of a judge on January 8, 1976 due to the suspected violation of Emergency Decree No. 9, violation of antipublic law, concealment of criminals, etc., and was detained on February 7, 1976 and investigated on August 2, 1976, Plaintiff I was sentenced to imprisonment with prison labor for a violation of Emergency Decree No. 9 in the instant judgment subject to a retrial, a violation of antipublic law, or a crime of concealment of criminals, two years of suspension of execution, four years of suspension of qualification, and a suspension of qualification

(B) Plaintiffs A and I’s charges found guilty in the instant judgment subject to a retrial were appealed by the said judgment. On December 2, 1976, the Seoul High Court, which was the appellate court, dismissed Plaintiff I’s appeal (76No1813), and on December 10, 1974, Plaintiff I was released from suspension of execution of sentence on August 2, 1976.

3 The plaintiff M shall search for the N'sO and teach the plaintiff M. M..

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