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(영문) 서울중앙지방법원 2015.04.23 2013가합544553
손해배상(기)
Text

1. The plaintiff C, I, Q, and AB shall be dismissed respectively.

2. All remaining plaintiffs' claims are dismissed.

3...

Reasons

1. Basic facts

A. On July 14, 1978, the investigation and punishment (1) BE, Plaintiff I, Q, and QB on the charge of violating the Presidential Emergency Measure for National Security and Public Order Protection (hereinafter “Emergency Measure No. 9”) was detained and was investigated by an investigation agency.

(2) On July 29, 1978, BE, Plaintiff I, Q, and AB were indicted for committing an offense in violation of Emergency Decree No. 9, such as Attached 2, as indicated in the facts charged, by the Gwangju District Court 78 Gohap150 on July 29, 1978. On August 23, 1978, the above court recognized the above facts charged and sentenced BE a minimum of two years of imprisonment, three years of suspension, three years of suspension of qualifications, four years of imprisonment, four years of suspension of qualifications, four years of suspension of qualifications, three years of imprisonment, three years of suspension of qualifications, three years of imprisonment, three years of suspension of qualifications, and three years of suspension of qualifications to Plaintiff Q, respectively.

Accordingly, the appeal filed by the Plaintiff I, Q, AB, and the Prosecutor of the Gwangju High Court was dismissed ex officio by the lower court, and the lower court reversed the judgment of the Plaintiff BE and sentenced the two years of imprisonment and suspension of qualifications to BE, and sentenced the Plaintiff I, Q, AB and the Prosecutor to two years of suspension of qualifications.

The appeal was filed by the Supreme Court 79Do132 against this, but the appeal was dismissed, which became final and conclusive on March 13, 1979.

(3) The judgment subject to a retrial (hereinafter “instant judgment subject to a retrial”) was released on August 15, 1979 on parole by the same day according to the above judgment, and the Plaintiff I was released on July 17, 1979 by the suspension of execution of punishment on the same day, and Plaintiff Q was released by the suspension of execution of punishment until May 12, 1979, and Plaintiff Q was released by the suspension of execution of punishment on the same day. Plaintiff AB was reinstated by July 17, 1979.

The punishment was released by suspension of execution on the same day.

(4) On August 13, 2003, BE died, and Plaintiff A, the father of BE, filed a petition for a new trial with the Gwangju District Court 201Nono-5 regarding the instant judgment subject to a new trial, and the said court is unconstitutional and invalid. As such, the instant judgment subject to a new trial is deemed unconstitutional and void, the instant judgment subject to a new trial under Article 420 subparag. 5 of the Criminal Procedure Act.

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