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(영문) 인천지방법원 2017.04.13 2015가합3064
손해배상(기)
Text

1. The Defendant: 583,170,544 won, Plaintiff B, and C respectively to Plaintiff D 273,910,124 won, 31,675,767 won, and Plaintiff E.

Reasons

Basic Facts

The plaintiffs related to the plaintiffs are those who were in the marital relationship with the deceased G, and are the children of the deceased H, the network H, the network I, the plaintiff B, and the plaintiff A. The plaintiff D was the husband of the network H, and the plaintiff E and the plaintiff D were the children of the deceased H and the plaintiff D.

(hereinafter referred to as “the network” is omitted. G and the Incheon District Prosecutors’ Office in the Seoul District Prosecutors’ Office are attached to G and the Plaintiff A.

3. A public prosecution was instituted under the charge of violating the National Security Act, such as the facts charged, as indicated in the facts charged. On November 18, 1977, the above court convicted G and Plaintiff A of both the facts charged, and sentenced G to death penalty, 15 years of imprisonment with labor, and 15 years of suspension of qualification.

G, Plaintiff A appealed against the above judgment, and the Prosecutor appealed against Plaintiff A, and the appellate court was proceeding with Seoul High Court 77No1933.

On March 17, 1978, the appellate court sentenced G to each of the 15 years imprisonment with prison labor and suspension of qualifications 15 years, 4 years imprisonment with prison labor and suspension of qualifications 4 years with prison labor, and 4 years suspension of qualifications, respectively, by finding the remainder of the criminal facts charged against G to be acquitted and convicted of all the remaining criminal facts.

(2) On July 11, 1978, the appeal was dismissed and the above judgment became final and conclusive on the following grounds: (a) G and Plaintiff A appealed to the instant judgment subject to a retrial as Supreme Court Decision 78Do969; (b) G and Plaintiff A appealed to the instant judgment subject to a retrial.

The former History Settlement Committee established pursuant to the Framework Act on the Investigation and Reconciliation of History for Truth and Reconciliation for the Truth and Reconciliation (hereinafter “Reconciliation Committee”) means that around October 2007, the National Security Planning Board conducted an illegal investigation into J and K, etc., which was the North Korea as G, and there was a conviction based thereon, and thus, the Defendant needs to be subject to such act of infringement of human rights and take measures such as retrial.

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