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(영문) 서울중앙지방법원 2015.06.11 2013가합69618
손해배상
Text

1. The plaintiff A and J shall dismiss the lawsuit.

2. All of the plaintiffs' claims except the plaintiffs A and J are dismissed.

3...

Reasons

1. Basic facts

A. Plaintiff A, J, and F were arrested and detained on suspicion that they violated the Presidential Emergency Decree for the protection of national security and public order (hereinafter “Emergency Decree No. 9”), and were indicted as to the facts stated in the attached Table 2 list by the Busan District Court 78Dahap486, Nov. 6, 1978, and the above court convicted Plaintiff A and J as guilty of the above facts charged on November 6, 1978, and sentenced Plaintiff A and J for one year and six months of imprisonment, two years and six months of suspension, a short term of one year and six months of qualification suspension, and one year and six months of suspension.

Accordingly, the plaintiffs and the prosecutor appealed as 78No1011 on February 7, 1979. The above court dismissed all appeals by plaintiffs A, J and prosecutor on February 7, 1979. Of the judgment below, only the part concerning defendant F is reversed, and the judgment became final and conclusive on January 6 and suspension of qualification one year and six months.

(hereinafter “each of the instant judgments subject to review”) B.

The Plaintiffs were reinstated in accordance with each of the instant judgment subject to a retrial, and Plaintiff A was released on July 17, 1979, Plaintiff F, and J respectively on May 22, 1979.

C. Afterwards, the Plaintiffs filed for a new trial with the Daegu High Court 201Nono. 201.2, the said court rendered a decision to transfer Plaintiff A and J to the Busan District Court (number: 2013 Inventory 7) with respect to Plaintiff F, on the ground that the Emergency Decree No. 9 on January 23, 2014 was unconstitutional, and thus, constitutes a case where the above facts charged constitute a crime, and thus, the said judgment became final and conclusive around that time.

Plaintiff

On May 22, 2014, the Busan District Court Decision 2013 Inventory 7, which was the case after the transfer to A and J, sentenced the above plaintiffs to review on May 22, 2014, and on June 18, 2014, the court acquitted them of all charges of plaintiffs A and J under the former part of Article 325 of the Criminal Procedure Act, and the judgment became final and conclusive around that time.

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