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(영문) 서울중앙지방법원 2015.06.11 2014가합582989
손해배상(기)
Text

1. The Defendant: (a) with respect to each of the Plaintiffs’ KRW 118,43,942 and each of the said money, 5% per annum from May 21, 2015 to June 11, 2015.

Reasons

1. Basic facts

A. 1 Investigation into the deceased H 1) Net H (Death on December 17, 2002, hereinafter “the deceased”).

On May 28, 1967, as a seafarer of a fishing vessel I, he returned to North Korea on September 24, 1967, when he returned to the Western Military Demarcation Line of the Western Military Demarcation Province. 2) On May 2, 1976, the three investigators of the information3 military police station in the Gunsan National Police Station forced the Deceased to proceed without a warrant on May 2, 1976, and conducted an investigation into the state of detention without a warrant on June 17, 1976.

3) The military police station investigators forced the deceased to make a confession as prescribed by the investigators while committing assault and cruel acts by preventing them from meeting their family members and relatives, and forced them to make a confession. Ultimately, the deceased made a false confession with the purport that “In the period of his stay in North Korea, the deceased would be organized by an anti-government organization upon receiving special order from the leader of North Korea during his/her stay in North Korea and return to the North Korea, and encourage and praise his/her activities in North Korea, and discovered and collected national secrets in the Republic of Korea for the purpose of reporting to North Korea.” (B) The deceased was convicted of the deceased as to his/her family members and relatives, and was indicted for committing acts of violence and cruel acts, and was sentenced to imprisonment with prison labor for ten years and suspension of qualifications for ten years on November 12, 1976.”

All the Deceased and the Prosecutor appealed from the foregoing judgment as the Gwangju High Court 76No638. On April 14, 1977, the above court revoked the judgment of the first instance on the ground that some of the facts constituting a crime committed prior to the final judgment and the crime committed a concurrent crime under the latter part of Article 37 of the Criminal Act, and sentenced the first instance judgment to 5 years and 5 years of imprisonment and suspension of qualification for the crimes of No. 2, 3, and 4 as stated in the judgment, and sentenced to 7 years of imprisonment

On April 15, 1977, the above judgment became final and conclusive after the Deceased waived his right to appeal.

(hereinafter referred to as “the judgment subject to review of this case”). 2 Deceaseds are subject to review of this case.

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