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(영문) 서울중앙지방법원 2014.09.19 2014가합2131
손해배상(기)
Text

1. The Defendant: 105,676,80 won to Plaintiff A and 5% per annum from August 19, 2014 to September 19, 2014; and

Reasons

1. Facts of recognition;

A. On March 21, 1978, Plaintiff A was arrested without a warrant due to a violation of the Presidential Emergency Decree (amended by the Presidential Emergency Decree No. 9 on May 13, 1975, which was repealed by the Presidential Emergency Decree No. 67 on December 7, 1979; hereinafter “Emergency Decree No. 9”) for the protection of national security and public order. After being transferred to the Central Information Division Seoul Branch, Mapo Police Station, etc., and was investigated under quarantine from the outside.

(A) the testimony of a witness D.

At the time, Plaintiff A was admitted to the underground room of the Seoul District Information Division at least one week without a warrant of detention. At that time, Plaintiff A was also subject to assault to the degree of fear and sense of shame, such as being fit with a bucking from one person among the visitors by drinking, etc.

(1) The defendant argues that the witness D's testimony, which seems consistent with the facts that the plaintiff A was subject to cruel acts such as violence, etc. from public officials belonging to the defendant in the course of being detained and investigated by the defendant, is not consistent with the results of the party principal examination against the plaintiff A, and thus, it is difficult to believe that the above plaintiff was subject to violence as above, and the result of the party principal examination against the plaintiff as to the above plaintiff. However, although the witness D's testimony contains a somewhat exaggerated statement about some of the witness D's testimony, such circumstance alone does not reject the credibility of the party principal examination against the above plaintiff and the remaining witness's testimony, and according to the result of this court's examination of evidence, the defendant's above assertion is not accepted.

Plaintiff

A is detained for about 20 days without a warrant of detention as above, and after the issuance of a warrant of detention on April 11, 1978, A was prosecuted as the facts charged as stated in the attached Form by the Seoul Criminal Court (Evidence A9-2), and the above court convicted all of the facts charged on June 13, 1978.

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