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(영문) 서울고등법원 2015.06.25 2014나2024486
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked and the plaintiffs' claims corresponding to that part shall be filed.

Reasons

1. Facts of recognition;

A. The Plaintiff A convicted the Plaintiff A on November 7, 197, on the ground that “from October 26, 1977 to November 6, 197, the Plaintiff was punished for political activities without the authority’s prior permission, and was arrested on November 7, 1977 on the ground that “The Republic of Korea’s constitution was abolished by demonstration and representations, and the President’s emergency measures were prepared to be openly slandered” (hereinafter “Emergency Measures No. 9”).

) On February 1, 1978, one year of imprisonment and one year of suspension of qualification was sentenced to imprisonment for a violation, and the dismissal of appeal by the Seoul High Court (78No388) on June 23, 1978, and the dismissal of appeal by the Supreme Court (78Do1884) on September 26, 1978, the dismissal of appeal by the Supreme Court (78Do184) is subject to the first instance judgment (hereinafter “the first judgment”).

(2) The plaintiff A was finally identified. 2) The plaintiff A was admitted to the Seoul detention center and the official prison as the case of the above 1, in the process of being admitted to the Seoul detention center and the official prison, and in the course of being admitted to the same year.

5.18.18. The same year;

6.26.26. 26. The same year

6. 29. 27. 27. 27. 27. 27. 15. 11:45. Each Emergency Measure No. 9 was publicly slandered.

“After having been prosecuted again for a violation of Emergency Decree No. 9 of the Daejeon District Court 78 high 189, 79 high Gohap9 (Joint 9) on April 20, 1979, “one year of imprisonment and one year of suspension of qualifications” and “one year of imprisonment and six months of suspension of qualifications” (two years of punishment were sentenced as the criminal facts prior to the confirmation of the first judgment were punished as concurrent crimes under the latter part of Article 37 of the Criminal Act), and the above judgment on August 13, 1979 (hereinafter “second judgment”) became final and conclusive on August 13, 1979 (hereinafter “the second judgment”) upon withdrawal of appeal. Plaintiff A terminated the execution of sentence based on the first judgment on December 10, 1978; Plaintiff A’s request for new judgment against the suspension of execution on August 15, 1979; and Plaintiff A’s request for new judgment on August 21, 2012.

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