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(영문) 서울고등법원 2012.04.03 2011나71713
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant 300,000,000 won for Plaintiff E and F, respectively, and Plaintiff G, H.

Reasons

1. The following facts may be acknowledged after compiling the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, 8, and 9.

1) Summary of T case 1) The prosecution D, M, U, and MaV (Death on October 18, 1998) was established in W High School, X was the senior class of the above four persons. The above five persons are as follows: Y, Z and Z around the end of 1980, “AA Gwangju PPPPP operations”, and the actual state of “UPPP operations”.

5. On July 1981, a member of the Daejeon Provincial Police Agency, who belongs to the defendant, conducted activities such as disclosing the truth of the Gwangju Democratization Movement by copying and distributing printed materials related to the truth of the Gwangju Democratization Movement. After that, D, X, and MV were detained by the Daejeon District Court on October 6, 1981, as a violation of the National Security Act, violation of the anti-public law, violation of the Assembly and Demonstration Act (hereinafter "violation of the Act"), violation of martial law, violation of the Act on Martial Law, violation of the National Security Act, violation of the Anti-public law, violation of the Act on Martial Law, and violation of the Act on Martial Law, U was detained by the Daejeon District Court on October 6, 1981.

(2) The lower court determined as follows: (a) the Defendants were arrested and detained; and (b) the Defendants were the fourth-year students of AB University and AC middle school instructors, X were the teachers of AD High School; (c) the police officers belonging to the astronomical Police Station; and (d) the prosecution public officials belonging to the Daejeon District Public Prosecutor’s Office; and (c) the DoV were the employees of the AE Saemaul Fund.

2) In the first instance trial against the Defendants of this case, the Defendants were convicted of the entire facts charged, and D was sentenced to 10 years of imprisonment and 10 years of qualification suspension, X 7 years of imprisonment and 7 years of qualification suspension, M 3 years of imprisonment and 3 years of qualification suspension, U 2 years of imprisonment and 2 years of qualification suspension, and net V years of imprisonment and 2 years of qualification suspension, respectively.

As a result, the Defendants appealed against the above judgment of the first instance court which was sentenced to the judgment of the appellate court on February 11, 1982, and constituted an anti-government organization.

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