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(영문) 서울고등법원 2015.05.29 2014나2034216
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, except the plaintiff J corresponding to the revoked part.

Reasons

1. Basic facts

A. On July 20, 1978, the judgment of conviction against the Plaintiff A and H and the content of the set thereof 1) Plaintiff A and H on July 20, 1978 for the purpose of national security and the protection of public order (hereinafter “emergency No. 9”).

2) After a warrant of detention was issued due to an offense, the Seoul Criminal Court No. 78 Gohap471, 78 Gohap607 (Jointly prosecuted, and the summary of the facts charged is attached to the separate sheet.

2. The description;

2) On November 27, 1978, the above court convicted the Plaintiff A of the charges by applying the Emergency Measure Nos. 9(7) and (1)(b) with respect to the Plaintiff H, and by applying the Emergency Measure Nos. 9(7) and (2) and (1)(b) with respect to the Plaintiff H, and sentenced the Plaintiff A to imprisonment with prison labor for two years and suspension of qualifications for two years, with prison labor for both Plaintiff A and Plaintiff H, one year and six months, and two years with suspension of qualifications for each of the instant judgment subject to a retrial (hereinafter “instant judgment subject to a retrial”).

3) Although Plaintiff A and H appealed against the above judgment, the appellate court (Seoul High Court 79No63) rendered a judgment dismissing the appeal on May 16, 1979. Plaintiff A and H appealed appealed against the above judgment. However, Plaintiff A and H withdrawn each appeal on July 31, 1979, and Plaintiff H withdrawn each of the appeals on July 28, 1979 and became final and conclusive at that time.

4) On August 15, 1979, Plaintiff A and H were released from office on the special amnesty of August 15, 1979 while serving a sentence based on the above judgment. B. The judgment of innocence became final and conclusive 1) Plaintiff A and H filed a petition for reexamination with the Seoul Central District Court 201 Inventory20 regarding the instant judgment subject to a retrial on April 1, 201.

2) On April 30, 2013, the above court rendered a judgment of innocence against Plaintiff A and H on May 31, 2013 after commencing a new trial against the above judgment. The above judgment of innocence becomes final and conclusive on the same day. The reasons for the judgment of innocence are as follows. A) Emergency Decree No. 9 issued based on the emergency power stipulated in Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter referred to as the “former Constitution”) did not meet the requirements for its issuance.

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