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(영문) 서울중앙지방법원 2015.01.29 2013가합532963
손해배상(기)
Text

1. The part of the plaintiffs' claim for consolation money inherited from the deceased G among the lawsuit of this case is dismissed, respectively.

2. The defendant.

Reasons

In fact, the plaintiff A is the wife of the network G, and the rest of the plaintiffs are the children of the network G.

On January 9, 1975, investigators who belong to the defendant were arrested on the charge of violating the Presidential Emergency Measures (hereinafter "Emergency Measures") Nos. 1 and 4 for the national security and the protection of public order, and arrested the G on the charge of violating the Presidential Emergency Measures (hereinafter "Emergency Measures").

On April 25, 1975, the deceased G was prosecuted for defamation, not violation of emergency measures, and the above H was destroyed by mailing or spreading false information about the chief of the Central Information Department, and was sentenced to three years by imprisonment with prison labor at the Seoul District Criminal Court for defamation (75No1826). The prosecutor and the network G appealed all appeals against the above judgment, but all appeals were dismissed on September 5, 1975, and the above appeal became final and conclusive on the same day.

The net G completed the execution of the sentence on February 4, 1978 by the above final judgment, but was detained on the charge of violating Emergency Measure No. 9 as follows.

On June 17, 1975, the deceased G prepared a statement of reasons for appeal on June 17, 1975, which was included in the above “H” for the purpose of inciting the head of the State and the office floor in the middle and slandering the present government, and for the purpose of bringing about the situation of his political strike, and making up five copies of the statement of reasons for appeal.

Although the Defendant was aware of the fact that the Presidential Emergency Decree No. 9 was declared and the details of the measures taken around August 1975, 1975 that the Defendant spreads or spreads a will secret or distorted fact, and that the Defendant’s act that slanders the Constitution of the Republic of Korea or slanders the Emergency Decree No. 9, etc. was punished, the Defendant is four members of the Ansan prison from December 2, 1975 to March 12, 1976.

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