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(영문) 서울고등법원 2015.07.17 2014나2040044
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claims corresponding to the above revoked part are all revoked.

Reasons

1. Basic facts

A. Details 1 of the judgment of conviction against the Plaintiff A and the conviction against the Defendant A 1) On May 23, 1975, when the Plaintiff was forced to go to a police officer and was under investigation on May 23, 1975 while entering the Army Training Center, and was detained on June 23, 1975. Around that time, the Presidential Emergency Decree for the protection of national safety and public order (hereinafter “Emergency Measure No. 9”).

(2) On December 22, 1975, the Plaintiff A was sentenced to a two-year imprisonment with prison labor for a violation of the Presidential Emergency Decree No. 9, and a two-year suspension of qualification for a two-year period of imprisonment with prison labor for the violation of the Presidential Emergency Decree No. 9, and the said judgment became final and conclusive on January 8, 1976.

(hereinafter “instant judgment subject to a retrial”) B.

On September 2, 2013, Plaintiff A filed a request for a retrial on the instant judgment subject to retrial. On November 18, 2013, the Seoul Central District Court rendered a decision of retrial on December 17, 2013, rendered a judgment of innocence on the ground that a case subject to retrial, which was instituted by applying Emergency Decree No. 9, which was null and void on December 17, 2013, constitutes “when the Defendant’s case falls under “when the Defendant’s case is not a crime” under the former part of Article 325 of the Criminal Procedure Act. The said judgment of innocence became final and conclusive on December 25, 2013. 2) The Plaintiff filed a request for criminal compensation with the Seoul Central District Court 2014co3 on the ground of the said judgment of innocence.

On March 18, 2014, the Seoul Central District Court decided to pay KRW 34,92,00 (180 days of detention x 194,400) to Plaintiff A as compensation for detention (=180 days of detention x 194,400 won).

Plaintiff

A received the above criminal compensation around that time.

C. A family relation of Plaintiff A was detained in the above case by the time the Plaintiff was detained in the above case, there were father network D (Death February 17, 1996), mother network E (Death on March 31, 2005), Plaintiff B, and C.

【Ground of recognition” includes a fact that there has been no dispute, a number of evidence Nos. 1 through 6, 15, and 16;

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