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(영문) 서울고등법원 2019.09.04 2019나2007516
손해배상(기)
Text

1. Of the judgment of the first instance, the part against Plaintiffs A, D, E, F, G, H, and I, which fall under the following order to pay:

Reasons

1. Facts of recognition;

A. On September 15, 1981, Plaintiff A was indicted on the charge of violating the National Security Act, following the following facts: (a) around September 15, 1981, Plaintiff A was committed in a voluntary same manner with the charge of violating the National Security Act; (b) from September 21, 1981, at the Sungnam Police Station Information and the office or protection room, the detention warrant was issued and executed from that time; and (c) on October 13, 1981, Suwon District Court 81No3160, as indicated in the attached facts charged, was detained on the charge of violating the National Security Act, such as the annexed facts charged. The above court found Plaintiff A guilty of the above facts charged on February 18, 1982, sentenced Plaintiff A two years of imprisonment, suspended sentence three years of suspension and suspension of qualification; (c) Plaintiff A was released on the same day; and (d) the above court reversed Defendant A’s imprisonment with prison labor for 82No373,51, and sentenced Plaintiff A to a suspended sentence of qualification for one year.

(C) On October 10, 1984, the final appeal was dismissed on October 10, 1984, and the final decision for review became final and conclusive (the case of the final decision for review becomes final and conclusive as seen above).

B. B. (1) On February 17, 2014, Plaintiff A filed a petition for a retrial on the judgment subject to a retrial with the Suwon District Court 2014Noo2, and the said court had the same effect.

5. 1. “Plaintiff A, based on one of the investigators belonging to the Sungnam Police Station, who arrested and investigated the Plaintiff A, was investigated in a state of unlawful arrest and confinement under Article 124 of the Criminal Act by force by force, without a warrant, in the form of voluntary confinement by the investigators belonging to the Sungnam Police Station, and until a warrant of detention is issued. The above acts by investigators constitute illegal arrest and detention under Article 124 of the Criminal Act. The crime of illegal arrest and detention by the above investigators is five years.

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