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(영문) 서울고등법원 2015.04.07 2014나2025168
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The circumstances of this case 1) Plaintiff A was arrested and detained as the first offender under subparagraph 1 of the Presidential Emergency Measures (hereinafter “Emergency Measures”) issued by D President on January 13, 1974, who was arrested and detained without a warrant, as the first offender under subparagraph 1 of the Presidential Emergency Measures (hereinafter “Emergency Measures”) who was issued by D President on January 8, 1974 and was investigated as to the above charges and was charged as a violation of subparagraph 1 of the Emergency Measures (Issuance of Detention Warrant around January 15, 1974) for the purpose of revising the 100,000 people’s Constitution against a democratic conviction. The facts charged are as follows.

Defendant (Plaintiff A passed a resolution to implement the anti-physical movement centered on C after October 2, 1973. On December 22, 1974, Defendant A becomes a promoter of the Civil Petition for Constitutional Amendment. On December 24 of the same year, Defendant C distributed to 30 reporters at home and abroad a statement of intent on the composition of the Civil Petition for Constitutional Amendment, and on December 26 of the same year, “the first day and the second day of navigation,” which commemorates publication of “the Japanese National Assembly” on December 26 of the same year, slanders the Government under the title “ what Japan is,” and slanders the Republic of Korea to foreigners who resist the support of the Constitutional Amendment, and criticizes the Republic of Korea from 15th day to 17th day of the amendment of the Constitution, the President’s imprisonment for the above amendment movement, etc. on January 8, 1974, which was prohibited by the Presidential Emergency Decree, and criticizes the Republic of Korea’s 197th day after the amendment of the Constitution.

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