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(영문) 대법원 2019.01.31 2016다258148
손해배상(기)
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. The following facts are revealed according to the reasoning of the lower judgment and the evidence duly admitted.

On September 15, 1981, the investigator of the case subject to review had the plaintiff A stay in the office or the protection room against the plaintiff's will for seven days until September 21, 1981, when the warrant of detention was issued by engaging the plaintiff A in a voluntary act without obtaining a warrant from a judge.

In addition, investigators assault or advising the plaintiff A while the plaintiff is detained.

B. On October 13, 1981, Plaintiff A was detained in Suwon District Court for violating Article 7(1) of the former National Security Act (amended by Act No. 4373 of May 31, 1991; hereinafter “former National Security Act”).

The summary of the facts charged is that “the North Korean public-private partnership organization’s social system of North Korean public-private partnership groups was obsting anti-government organizations by speaking against bus guidance, etc., such as “n't bbbbbbbbbbling, because of a fair division of drinking even one North Korea,” etc.

On February 18, 1982, the above court found the plaintiff A's partial statement, the witness's legal statement, and the protocol containing them as evidence of guilt and sentenced the plaintiff A to two years of imprisonment, three years of suspended execution, and two years of suspended qualification. The plaintiff A was released on the same day.

Plaintiff

A. On May 11, 1984, the appellate court appealed the judgment of the first instance court on the grounds that the judgment of the first instance court was justifiable to find the Defendant guilty of the facts charged, but the sentencing is heavy, and the judgment of the first instance court was reversed, and sentenced the Plaintiff A to one year of imprisonment, two years of suspended execution and suspension of qualifications.

Plaintiff

Although A appealed, the Supreme Court dismissed the appeal on October 10, 1984 and the above judgment of the appellate court (hereinafter referred to as "the judgment of the appellate court") became final and conclusive.

C. The Plaintiff A, as above, lost most of the visual vision of the right eye after being subject to violence and adviser from investigators, and there is anything wrong with the hearing power.

d. 1985.

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