A. Defendants were prosecuted as charges of violation of public law, etc. by the Jeonju District Court 69Da525, and on May 20, 1969, the above court convicted Defendant A of both the following charges of violation of public law and violation of the Fisheries Act, and sentenced Defendant A to one year of imprisonment and suspension of qualification, one year of imprisonment and one year of suspension of qualification, and three years of suspension of execution, respectively.

(hereinafter referred to as the "case subject to review") b.

Accordingly, prosecutor and defendant A filed an appeal with the Jeonju District Court, and the above court sentenced the dismissal of appeal on September 24, 1969.

Since then, the judgment subject to a retrial against the Defendants became final and conclusive.

C. On August 20, 2013, the Defendants filed a petition for a new trial with this Court regarding the judgment subject to a new trial. On August 5, 2014, this Court dismissed the said claim (2013 Inventory5). However, the Defendants filed an immediate appeal but the Jeonju District Court dismissed the said immediate appeal on August 29, 2016 (2014No44).

Accordingly, the Defendants re-appealed the dismissal ruling on the immediate appeal. On May 14, 2019, the Supreme Court reversed the dismissal ruling on the immediate appeal and rendered a decision to remand the case to the Jeonju District Court (2016Mo2597).

In the case of reversal and return against the ruling of dismissal to start a new trial, it is reasonable to view that “the defendants were illegally arrested and detained for the period from January 27, 1969 to February 6, 1969 when a detention warrant was issued and executed by the police officers belonging to the Military Military Police Station.”

The act of police officers is a crime of arrest, confinement by abuse of authority under Article 124 of the Criminal Act, where a person who performs duties concerning the restraint of the human body arrests or confiness a person by abusing their official authority.

However, the police investigation against the Defendants was made on March 12, 1969 when the prosecution was made against them.