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(영문) 서울중앙지방법원 2015.10.22 2013가합543239
손해배상(기)
Text

1. The plaintiff F's action shall be dismissed.

2. All of the plaintiffs' claims except the plaintiff F are dismissed.

3...

Reasons

1. Basic facts

A. (1) On the charge of violating the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Decree No. 9”) around 1978, Plaintiff A was arrested and detained, and charged as to the facts stated in the separate list No. 2 in the Seoul District Criminal Court 78Da445, 634 (Joint).

On November 27, 1978, the above court convicted the plaintiff A of the above facts charged and sentenced the plaintiff A to two years of imprisonment and suspension of qualification. After the appeal by the plaintiff A, the appeal by the plaintiff A was dismissed by Seoul High Court Decision 79No23 decided February 28, 1979, and the appeal by the Supreme Court Decision 79Do697 Decided May 22, 1979 was dismissed and finalized as it is.

(2) The plaintiff A was serving in prison in accordance with the above judgment and was released on July 17, 1979 as suspension of execution of punishment.

(3) After that, the Plaintiff filed a petition for review of the above judgment with the Seoul Central District Court 201 Inventory 11, and the above court rendered a petition for review of the judgment on May 8, 2013, 201 as unconstitutional, and thus, it constitutes a case where the facts charged were not committed as a crime, pursuant to the former part of Article 325 of the Criminal Procedure Act, and the judgment became final and conclusive around that time.

(4) Plaintiff B’s father, Plaintiff C’s mother, Plaintiff D, and E are their siblings.

B. (1) On suspicion that Plaintiff F violated Emergency Decree No. 9 around 1978, Plaintiff F was arrested and detained, and was charged with the charges listed in the separate sheet No. 3 as Seoul District Criminal Court 78Gohap610.

On November 27, 1978, the above court recognized that the above facts charged and the crime of violation of the Punishment of Violences, etc. Act were ordinary concurrent crimes, and sentenced to imprisonment for one year and two years of suspension of qualification to Plaintiff F. The above judgment became final and conclusive on November 29, 1978 by Plaintiff F.

(2) The Plaintiff F was released on July 17, 1979 on parole, while serving in prison according to the above judgment.

(3) Thereafter, Plaintiff F is the Seoul Central District Court 2013 Inventory 13.

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