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(영문) 서울중앙지방법원 2021.01.29 2020가합556608

손해배상(기)

Text

The defendant stated on the plaintiffs in the "amount of claim and the amount of award" column in attached Form 1, and the money and the above.

Reasons

1. Basic facts

A. 1) The owner of a fishing vessel AP was the owner of the case.

AP Seafarers who were seafarers of Q and P

AE, AR, AS, ATS, AU (one name AV), AW (hereinafter referred to as the “instant principal”), AX,Y, etc. were repatriated on September 24, 1967 and arrived at the Gunsan Port on September 28, 1967 via Incheon Port. < Amended by Act No. 317, Sep. 24, 1967>

2) AX and AY were unlawfully committed and detained by police officers upon arrival at the Gunsan Port. On November 3, 1967, the Gunsan Police Station sent the case to the prosecutor of the Gun Military Prosecutors' Office of the Jeonju District to the prosecutor of the Military Prosecutors' Office branch office of the Jeonju branch office of the Military Prosecutors' Office for the violation of the National Security Act against the principal and AX, AY, etc., and the suspension of indictment on the violation of public law was released

On April 9, 1968, the prosecutor of the Gun branch office of the Jeonju District Public Prosecutor's Office issued a non-prosecution disposition against the principals of the case.

3) On May 1, 1968, investigators who lost the preceding week of the Central Information Department prepared a statement report on the facts constituting the crime of Q Q by a witness, and prepared a report on the recognition of the case against the violation of public law, stating that Q would be transferred after entering the person under suspicion and being detained.

On May 15, 1968, a prosecutor prosecuted AE as a violation of the anti-public law; on June 17, 1968, Q was prosecuted as a violation of the anti-public law; on August 26, 1968, the prosecutor prosecuted the principal of the case as a violation of the anti-public law.

On May 21, 1968, a detention warrant for Q was issued and executed on May 21, 1968, and on July 19, 1968, a detention warrant was issued and executed for the remainder of the cases except A Q.

B. On May 15, 1968, and August 26, 1968, 1968, AE was prosecuted for violation of the public law by the Jeonju District Court’s Gunsan Branch, and the trial was pending on September 19, 1968, and the application for amendment to the indictment was approved to add the violation of the law to the fishery at the third public trial date.

B) On November 7, 1968, the Jeonju District Court found the Defendant guilty of violating the public law due to escape among the facts charged, and sentenced AE to a suspended sentence of ten months and a suspended sentence of one year.