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(영문) 서울중앙지방법원 2014.07.02 2013가합543789
손해배상(기)
Text

1. The Defendant: (a) KRW 210,00,000 to Plaintiff A; (b) KRW 30,000,000 to Plaintiff B; and (c) as to each said money, from June 9, 2014 to June 2014.

Reasons

1. Basic facts

A. On November 21, 1978, C’s conviction judgment against C and the details of the set-off, etc. are as follows: (a) A’s presidential emergency measures for the national security and the protection of public order (hereinafter “emergency measures No. 9”) around November 21, 1978.

(2) On December 13, 1978, the facts charged were detained due to the violation and charged as the Youngbu District Court’s Youngbu District Court’s Youngbu Branch 78Da311, 79Kahap8 (Joint). The facts charged are as indicated in the attached facts charged (hereinafter “the facts charged as to the violation of emergency measures of this case”).

(2) On March 7, 1979, the above court found C guilty of the facts charged and sentenced C to one year of imprisonment and suspension of qualification.

3) The Seoul High Court 79No496 appealed each of the above decisions, and the above court reversed the judgment of the first instance on July 6, 1979, and sentenced C to two years of suspended execution and suspension of qualification for one year of imprisonment (hereinafter referred to as “the judgment on review”).

4) On July 6, 1979, C was released on July 6, 1979, and C appealed appealed, but the Supreme Court dismissed C’s final appeal on September 25, 1979, which became final and conclusive around that time.

B. C’s family relationship and inheritance relationship, etc. (1) around the time when C is detained as a fact of violating the Emergency Measures in this case, there was Plaintiff A and Plaintiff B, the mother of whom was the Plaintiff, and the South and North birth. (2) C died on July 29, 1981, and Plaintiff A inherited C solely.

C. The Plaintiffs, including the final and conclusive judgment of innocence, filed a petition for a retrial on the judgment subject to a retrial with the Seoul High Court 2013No99, and the said court rendered a judgment of innocence on May 1, 2014, and the said judgment became final and conclusive around that time.

The reasons for the judgment of innocence are as follows:

(1) The statutes applicable to facts constituting an offense in a case for which a new trial has commenced are the statutes at the time of retrial.

Therefore, if the law at the time of the judgment subject to a retrial is amended, the court shall apply the law at the time of the judgment, and when it is abolished.

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