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(영문) 서울중앙지방법원 2014.10.17 2013가합543185
손해배상(기)
Text

1. The defendant shall pay to the plaintiffs the amount corresponding to each corresponding amount and each corresponding amount stated in the attached Form 1 prize sheet.

Reasons

1. Basic facts

A. Plaintiff A’s arrest, detention, and conviction 1) Plaintiff A’s arrest, detention, and conviction 1) around April 1974, while attending the fourth year of the English department in the English language of H University at H University, the President’s emergency measures (hereinafter “emergency measures”) for the national safety and the protection of public order.

(2) On August 14, 1974, the Plaintiff was arrested without a warrant due to the charge of violation of subparagraph 1 and was detained on April 13, 1974. (2) The Plaintiff was charged with the charge of violation of subparagraph 1 of the Emergency Decree, as stated in the summary of the facts charged in the attached Table 3, and was sentenced to 12 years of imprisonment with labor for the Plaintiff on August 14, 1974.

Plaintiff

A appealed against the above judgment by the High Military Court Decision 74 non-high Military Court Decision 74 non-high Military Court Decision 36. On September 25, 1974, the above court rejected Plaintiff A’s assertion of misunderstanding of facts on September 25, 1974, but reversed the judgment of the court below and sentenced Plaintiff A 10 years imprisonment

(hereinafter “instant appellate judgment”). Plaintiff A appealed to the Supreme Court on the above judgment, but withdrawn the final appeal on October 18, 1974.

3) On February 16, 1975, when the Plaintiff was serving in prison, the Plaintiff A released the Plaintiff on suspension of the execution of the sentence on February 16, 1975. (b) Emergency Measure No. 1 of the Emergency Measure No. 1: all acts of denying, opposing, distorted or slandering the Constitution of the Republic of Korea; all acts of asserting, proposing, proposing, or opposing the amendment or abolition of the Constitution of the Republic of Korea; all acts of making a will secret; and all acts prohibited as such, and acts of inducing, inducing, promoting, promoting, broadcasting, reporting, publishing, or otherwise making any speech and behavior informing others thereof (Paragraph 1 through 4). Any person who violates or slanders the Emergency Measure No. 1 was punished by imprisonment with prison labor for not more than 15 years (Paragraph 5).

C. On September 30, 2013, the Plaintiff A, upon which the judgment of innocence was concluded, violated Emergency Measure No. 1 by the Seoul High Court 2013No102.

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