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(영문) 부산지방법원 2015.10.28 2015가합42127
손해배상(기)
Text

1. Of the instant lawsuit, the part concerning the claim for consolation money unique to the Plaintiff A and G himself/herself shall be dismissed, respectively.

2. The defendant.

Reasons

1. Facts of recognition;

A. The judicial police officers of the defendant's illegal confinement and investigation against the plaintiffs A and G committed a harsh act by forcing them to investigate the plaintiffs in an unlawful detention state, by seeking the plaintiffs, without a warrant, on August 14, 1981, and on September 21, 1981, the plaintiff Eul committed a violation of the former Public Law. The defendant's detention warrant against the above plaintiffs (the defendant's detention warrant is issued on September 7, 1981 for the plaintiffs and on October 15, 1981 for the plaintiff Eul) until the above plaintiffs' detention warrant is issued (the defendant's detention warrant is issued).

B. On February 23, 1982, the court of first instance found the Plaintiff A guilty on the violation of the National Security Act, violation of the public law, violation of the Assembly and Demonstration Act, violation of the National Security Act, violation of the law, violation of the martial law, violation of the Assembly and Demonstration Act, and violation of the Assembly and Demonstration Act. On February 23, 1982, the court of first instance found the Plaintiff A guilty, and acquitted the Plaintiff A of some of the facts charged, and found the Defendant G guilty of the violation of the public law, and sentenced the Plaintiff G of both imprisonment and suspension of qualification for three years and six months [the Busan District Court Decision 81Da7929, 8628 (Merger)], and both the Plaintiffs and the Prosecutor appealed appealed on June 26, 1982. The appellate court reversed the part of the judgment of the court below against the Plaintiff A and the part of the judgment against the Plaintiff, and sentenced the Plaintiff to suspension of qualification for each one year and six years and six years, suspension of qualifications for the Plaintiff A and the remainder of qualifications for each one year and one year and six years.

(Da) The above plaintiffs and prosecutors filed all appeals against the judgment subject to a retrial (hereinafter “the judgment subject to a retrial”). On October 26, 1982, the Supreme Court dismissed all appeals, and the above judgment of the appellate court became final and conclusive (see Supreme Court Decision 82Do1861, Oct. 4, 198). The above plaintiffs were reinstated according to the judgment subject to a retrial and suspended execution on August 12, 1983.

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