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(영문) 서울중앙지방법원 2019.04.24 2017가합552439
손해배상(기)
Text

1. The Defendant: KRW 152,680,00 for the Plaintiff A, and KRW 97,212,00 for the Plaintiff H, and KRW 50,00 for the Plaintiff B, C, I, J, andO respectively.

Reasons

1. Basic facts

A. Plaintiff A’s arrest, detention, investigation, and trial 1) around 08:0 on October 19, 1975, at around 08:00 residence, was conducted without a warrant by the Central Information Department investigator. The first written statement was prepared by the Central Information Department on November 9, 1975, and the first written protocol was prepared on November 10, 1975. The detention warrant issued on November 15, 1975, and was executed in the fifth of the Central Information Department around 19:00 on the same day. Plaintiff A’s detention warrant was executed on October 22, 1975 without a warrant issued by the Central Information Division on November 13, 1975, and was found guilty of Plaintiff A’s violation of the National Security Act on July 15, 1975.

3) As to this, Plaintiff A, and the Prosecutor (Plaintiff H) appealeded to Seoul High Court 76No1395, and the said court reversed the first instance judgment on September 14, 1976 and sentenced the Plaintiff A to 10 years of imprisonment and suspension of qualifications, 10 years of suspension of qualifications, and 2 years of imprisonment and suspension of qualifications to Defendant H, respectively (hereinafter “instant judgment subject to review”).

(4) On December 8, 1979, the Supreme Court dismissed the final appeal on December 28, 1976, and thus the instant judgment subject to a retrial became final and conclusive. Meanwhile, on December 8, 1979, pursuant to Article 67 of the Presidential Notice No. 67 of December 8, 1979, the Presidential Emergency Decree for the protection of national security and public order (hereinafter “Emergency Measure No. 9”).

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