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(영문) 부산지방법원 2014.04.30 2013가합48459
손해배상(기)
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Illegal confinement and investigation into Plaintiff A, etc., Plaintiff A, around March 19, 1985, Defendant A, the deceased AD around March 23, 1985, the deceased AE around April 20, 1985, and the deceased AE conducted a warrant without a warrant. The deceased AF was conducted on April 26, 1985 by the above police officers without a warrant, and was conducted on May 23, 1985 again on May 9, 1985, and again continued to be conducted on May 26, 1985. The deceased AF was conducted on May 27, 1985 at least from the day the warrant of detention was issued to Plaintiff A, etc., to the maximum of 1985 days from the day on which the warrant of detention was issued to Plaintiff A, etc.

(2) The plaintiff Gap et al. was subject to violence and cruel acts by police officers during the process of being investigated in the M&A office in Busan City. On July 6, 1985, the prosecutor prosecuted the plaintiff et al. against the plaintiff et al. on the basis of the investigation at the police office on July 6, 1985 and filed a prosecution against the plaintiff et al. on the charge of violating the National Security Act.

B. On November 27, 1985, the Busan District Court sentenced the plaintiff A and the deceased AD to each life imprisonment, five years of imprisonment, five years of suspension of qualification, five years of imprisonment, two years of suspension of qualification, and two years of suspension of qualification, respectively.

(2) The plaintiff A, the network AD, the network AE, and the prosecutor appealed against the above judgment and filed an appeal with the Daegu High Court 86No101. On March 29, 1986, the Daegu High Court reversed the judgment of the court below against the plaintiff A, the network AD, and sentenced them to 15 years of imprisonment, suspension of qualifications, 15 years of suspension of qualifications, and dismissed the appeal filed by the plaintiff AE and the prosecutor, respectively.

(3) The plaintiff A, the net AD, the network AE, and the prosecutor appealed against it and filed an appeal with the Supreme Court Decision 86Do989, but the Supreme Court sentenced the dismissal of appeal on July 8, 1987, and the above judgment of the court below became final and conclusive on the same day.

(4) The net AF released on November 27, 1985, the date of the first instance judgment, and the net AE released on January 6, 1989.

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