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(영문) 서울중앙지방법원 2018.06.20 2017가합584115
손해배상(기)
Text

1. As to the Plaintiff A’s KRW 657,96,021, Plaintiff B, C, and D respectively, KRW 83,333,333 and each of the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff A’s investigation and trial process with respect to the Plaintiff A was conducted for two years from March 2, 1974 to South Korea born in Japan, who graduated from the Department of Law of the High National University, and worked in an oral manufacturing plant operated by the F from May 29, 1981. The Plaintiff A married to G on May 29, 1981. On August 15, 1983, the Plaintiff entered Korea with G and the Republic of Korea along with the Defendant, and forced the Defendant’s military security headquarters (hereinafter “security headquarters”) to act as a criminal charge of violating the National Security Act (espionage, etc.) by the investigators affiliated with the Defendant under the provision of the Kim Sea Korea (hereinafter “Security History”).

3) On October 6, 1981, the security investigator detained the Plaintiff A without a warrant for 50 days until the enforcement of the warrant of detention against the Plaintiff, and forced the Plaintiff to prepare a statement recognizing the violation of the National Security Act and the charge of violating the public law in the course of investigating the Plaintiff A, and made intimidation, such as “to show that the Plaintiff would have complied with the technical experts who are engaged in physical advisers or electrical advisers.” The security investigator found the Plaintiff A in the detention house at the stage of investigation at the prosecution. 4) The security investigator made a statement as investigated by the security investigator by threatening him to find the Plaintiff at the detention house at the stage of investigation and to deny suspicion.

5) On November 18, 1983, the prosecution against the plaintiff A was instituted due to the violation of the National Security Act (espionage, etc.) and the violation of the anti-public law, and the court of first instance convicted all the charges and sentenced all the charges for life (Seoul Criminal District Court Decision 83Da1140 delivered on February 29, 1984). The court of first instance appealed against the plaintiff A, but the appellate court rejected the plaintiff's assertion, but the court of appeal reversed the judgment of the court below on the ground that the indictment was modified, and sentenced again to life imprisonment (Seoul High Court Decision 84No890 delivered on June 27, 1984; hereinafter referred to as "the judgment on

. above.

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