logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.05.12 2015나2065514
손해배상(기)
Text

1. The defendant is against the defendant who exceeds the following order of payment among the judgment of the first instance against the plaintiff B, C, D, E, and F.

Reasons

1. Basic facts

A. On May 17, 1961, May 19, 1961, the Military Revolution Committee (hereinafter referred to as the "National Intelligence Committee") promulgated No. 10 of the Decree of the Republic of Korea, stating that "if necessary for the performance of revolutions in the area of martial law, it may be executed without the court's warrant, due to arrest, confinement, and search." 2) On June 21, 1961, by Act No. 630 of June 21, 1961, the "Act on the Organization of the Revolution Court and the Prosecutors' Office" was enacted on June 22, 1961, and the Special Act on the Punishment of Special Crimes (hereinafter referred to as the "Special Act").

Article 6 of the Special Act of this case provides that a person who, while being in the major position of a political party or a social organization, knowingly engages in an act for the accomplishment of its purpose by praiseing, encouraging, acting in concert with, or by other means, the activities of such organization or members shall be punished by death or imprisonment for life or for not less than ten years.

In addition, the supplementary provisions of the Special Act to this case include the retroactive application of punishment by stipulating that it shall be applied retroactively to three years and six months from the date of its promulgation.

3) The deceased G (the deceased on February 26, 1974, hereinafter “the deceased”)

Since the arrest and detention without a warrant on June 4, 1961, the arrest and detention took place on October 18, 1961 (in October 19, 1961, a detention warrant was issued and executed on October 20, 1961, and the prosecution was instituted on October 20, 1961.

B. (b) The Deceased was indicted for violation of Article 6 of the Special Act on the Revolution before the Revolution Court established under the Act on the Organization of the Revolution Court and the Prosecutor’s Office established under the Act on the Organization of the Revolution.

The summary of the facts charged (hereinafter “instant facts charged”) is as shown in the attached Table of the facts charged.

2. The 2nd Revolution Court was the 131st adjudication of November 17, 1961, and charged facts of this case.

arrow