반공법위반등
Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
1. Determination of the original judgment
A. The Defendants were prosecuted as the charges of violating the Public Law Act, etc. by the Jeonju District Court 69Da525, and the above court found the Defendants guilty of both the charges on May 20, 1969 and sentenced the Defendants to one year of imprisonment and suspension of qualifications for one year and three years of suspended execution.
(hereinafter referred to as the "case subject to review") b.
Accordingly, the prosecutor filed an appeal with the Jeonju District Court, and the above court rendered a judgment dismissing the prosecutor's appeal on September 24, 1969, which became final and conclusive as it is.
C. As to the judgment subject to a retrial, the Defendant’s Party D, Party E, and Party C’s spouse asserted that there exist grounds for retrial falling under Article 420 subparag. 7 of the Criminal Procedure Act. On January 21, 2020, the lower court arrested the police officer belonging to the Gunsan Police Station on January 27, 1969, and the Defendant’s network B and the network C appear to have been arrested around that time. The Defendant was illegally arrested and detained during the period from the date of arrest until February 6, 1969 when the warrant of detention was issued and executed until February 6, 1969. In addition, it is reasonable to view that the police officer’s act constitutes a cruel assault and cruel act, such as being subject to investigation or being consulted by a judicial police officer, and that the police officer’s act constitutes an act of assault or abuse of authority under Article 24 of the Criminal Procedure Act, and thus, constitutes an act of assault or abuse of authority under Article 15 of the Criminal Procedure Act.