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(영문) 서울중앙지방법원 2015.04.07 2013가합544515
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim for damages inherent in the Plaintiff A and B shall be dismissed.

2. The defendant is the plaintiff C and D.

Reasons

1. Basic facts

A. Plaintiff R, S, A, B, and T are detained and investigated. 1) The investigators belonging to the Defendant give the Plaintiff R around October 18, 1978, the Plaintiff S around October 8, 1978, the Plaintiff S, around October 11, 1978, the Plaintiff B B, around October 9, 1978, and the Plaintiff B, around October 11, 1978, without the Plaintiff’s warrant, the summary of the crime, the grounds for arrest, and the opportunity to defend himself without notifying the Plaintiff T of the right to appoint a counsel, and without giving the opportunity to defend himself, the Presidential Emergency Measure (hereinafter “Emergency Measure No. 9”) for the protection of national security and public order.

A) On October 30, 1978, the court’s detention warrant was issued against the above plaintiffs. 2) Investigators forced confession and verbal abuse while investigating under the custody of the above plaintiffs, and forced confession, and did not make a bet or locked.

B. On November 23, 1978, the judgment of conviction and enforcement of sentence 1 R, and S was prosecuted as the charge of violating Emergency Decree No. 9 by the Seoul District Criminal Court 78 Gohap714 on November 23, 1978.

The summary is that “Plaintiff S, who retired from the management department of the Plaintiff R and V universities, who was enrolled in the U.S. Social Department, made a copy of 1,00 printed articles in collusion with W and X, stating the abolition of the Constitution of the Republic of Korea from May 12, 1978 to the 14th of the same month. The Plaintiff R, S, and X, etc. sent and distributed them by inserting the same printed articles to each university’s representative and address extracted from the telephone number book in Seoul, and each university’s representative. The Plaintiff R, S, and X, etc. conspired to distort the fact from June 19 to June 21, 1978, made a production of 50 copies of the printed articles that publicly spread illegal students’ demonstration, and distributed them by inserting approximately 80 printed articles from each university student extracted from the phone number book in Seoul.”

On February 23, 1979, the above court found all of the charges guilty and sentenced R and S to four years of imprisonment and suspension of qualification.

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