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(영문) 서울고등법원 2018.07.13 2018나2011969
손해배상(국)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant: 30,000,000 won for Plaintiff B, and 15,000 for Plaintiff C.

Reasons

1. The facts below the foundation facts do not conflict between the parties, or are acknowledged by considering the following facts: Gap evidence 1 to Gap evidence 40, Gap evidence 43, 44, Gap evidence 46, 47, and the whole purport of the arguments as a whole after the party's examination.

[1] Plaintiff A and D were indicted for violating the National Security Act, as stated in the attached indictment in 1993.

On February 28, 1994, the Seoul Criminal District Court convicted Plaintiff A of all the facts charged, and sentenced Plaintiff A to seven years of imprisonment and suspension of qualification, seven years of additional collection, 6,240,000 won, and sentenced Plaintiff D to the violation of the National Security Act due to detection and collection of national secrets among the facts charged against Plaintiff D, and sentenced Plaintiff D to three years of imprisonment and suspension of qualification, three years of suspension of qualification, three thousand won of additional collection, three hundred won of additional collection, and three hundred won of additional collection.

(93) On July 7, 1994, the Seoul High Court appealed both Plaintiff A, D and prosecutor with respect to the above judgment, and the Seoul High Court reversed the judgment of the court below against Plaintiff A on the grounds of unfair sentencing, and on the grounds of illegality in the calculation of the additional collection amount, with respect to Plaintiff D, the judgment of the court below against the above Plaintiffs on the grounds of imprisonment for four years, suspension of qualifications for four years, additional collection 6,240,00 won, and suspension of qualifications for Plaintiff A two years, suspension of qualifications for two years, suspension of execution for three years, suspension of execution for three years, additional collection 2,340,000 won, and the judgment of the court below dismissed the prosecutor’s appeal on the portion not guilty against Plaintiff D among the judgment below.

Accordingly, on October 25, 1994, the Supreme Court dismissed all of the appeals filed by Plaintiffs A, D and Prosecutor (94Do2181) and the above appellate judgment became final and conclusive.

Plaintiff

A was released on September 30, 1997 upon expiration of the term of imprisonment, and the plaintiff D was released on February 28, 1994, for which suspended execution was sentenced.

[2] On September 8, 1993, the Plaintiff A and D were arrested by the National Security Planning Department (hereinafter “National Security Planning Department”) investigators around 193. At the time, the investigators arrested Plaintiff A and D were amended by Act No. 4796, Dec. 22, 1994.

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