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(영문) 서울중앙지방법원 2015.05.20 2013가합563745
손해배상(기)
Text

1. The defendant stated to the plaintiffs in the "amount of discount" in the attached Form 1 sheet, respectively, and against this.

Reasons

1. Facts of recognition;

A. At around May 18, 1973, D (the death of December 7, 2013) was investigated in a state of illegal confinement on or before June 13, 1973, when the warrant of detention was issued and executed after the military security was committed by an investigator affiliated with the Army Security Headquarters, around 21:30, May 18, 1973. (2) D was prosecuted by Seoul District Criminal Court as charges of violation of public law and violation of the National Security Act on June 6, 1973. (3) D was convicted of part of the charges as to D on December 11, 1973, and sentenced to imprisonment for 8 years and suspension of qualifications for eight years.

3) Accordingly, D and prosecutor appealed as Seoul High Court 74No175 on March 30, 1974, and the above court acquitted part of the facts charged, and found D as guilty and sentenced D 10 years of imprisonment and suspension of qualification for the remaining facts charged, and sentenced D as Supreme Court Decision 74Do1265 on July 29, 1974. The Supreme Court reversed the judgment of the court below and remanded to Seoul High Court on the ground that the judgment of the court below was erroneous in misunderstanding legal principles, and without examining the remaining grounds of appeal, it cannot avoid reversal.

[3] On December 9, 1974, the Seoul High Court reversed and remanded the judgment of acquittal in the above paragraph 3] 5. The Seoul High Court, which found the Defendant not guilty of some charges under subparagraph 74No922 on December 9, 1974, found the Defendant guilty of all other charges except the part of the acquittal and the part of the acquittal. The judgment of the court of first instance reversed the judgment and sentenced D with 10 years imprisonment and 10 years suspension of qualification.

(6) D and prosecutor appealed to the Supreme Court Decision 75Do252, but the Supreme Court dismissed both appeals on March 25, 1975, which became final and conclusive as is the instant judgment subject to a retrial. 7) D were detained for 2,281 days from May 18, 1973 until August 15, 1979, which were released on parole.

(b)decision of commencing a new trial.

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