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1. The plaintiff A's lawsuit shall be dismissed.
2. All of the plaintiffs' claims except the plaintiff A are dismissed.
3...
Reasons
1. Basic facts
A. (1) On September 13, 1976, Plaintiff A was detained for violating the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Decree 9”), and was charged with the facts stated in Section 1 of Attached Table 2, and the Sungdong Branch of Seoul District Court (Seoul District Court Decision 76Gohap164) convicted Plaintiff A of the above facts charged on November 12, 1976, and sentenced Plaintiff A three years of imprisonment and suspension of qualification.
Accordingly, even though Plaintiff A appealed as Seoul High Court 77No2158, the final appeal was dismissed on February 3, 1977, and the final appeal (Supreme Court 77Do590) was also dismissed on April 26, 197, and the said final judgment became final and conclusive.
(2) The plaintiff A was discharged on August 15, 1978 from prison labor in accordance with the above final judgment and was released on August 15, 1978.
(3) After that, Plaintiff A filed a request for reexamination of the said final judgment with Seoul Eastern District Court 201 Inventory 2, and the said court rendered a decision of commencing a new trial as to the said judgment, and rendered a decision of Emergency Measures No. 9 on May 7, 2013, which was unconstitutional, pursuant to the former part of Article 325 of the Criminal Procedure Act, acquitted Plaintiff A of the whole facts charged on the ground that the said facts charged constitute a crime, and the said judgment became final and conclusive on May 14, 2013.
(4) Plaintiff Q is the mother of Plaintiff A, and Plaintiff C is his spouse, Plaintiff D, and E. their children.
B. (1) On March 27, 1976, Plaintiff F was detained on the charge of violating Emergency Measure No. 9, and was charged as the facts charged in attached Table 2 List No. 2. The Sungdong Branch of Seoul District Court (No. 76Dahap60) convicted Plaintiff F on June 18, 1976, and sentenced Plaintiff F for one year and one year of suspension of qualification.
Accordingly, Plaintiff F appealed as Seoul High Court 76No1417, and the appellate court accepted Plaintiff F’s allegation of unfair sentencing on October 19, 1976 and reversed the judgment of the court below and suspended the execution for one year.