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(영문) 전주지방법원 2017.09.29 2015재노11 (1)

반공법위반등

Text

The judgment below

The part against the Defendants is reversed.

Defendants are not guilty.

Reasons

1. According to the final records of the judgment subject to a retrial, the following facts are recognized:

A. The Defendants were indicted for violation of the Public Law and the charges of violation of the Fisheries Act (hereinafter “instant charges”), such as the summary of the facts charged under Article 3-A of the following 3-A (hereinafter “the charges of this case”). The Defendants acknowledged that all the facts charged on February 15, 1969 were guilty, and sentenced Defendant A to three years of imprisonment, suspension of qualification, three years of forfeiture, and suspension of qualification, and one year of qualification to Defendant C and D, respectively.

B. As to the judgment of the first instance, the Defendants filed an appeal with the Jeonju District Court 69No. 170, and the appellate court accepted the Defendants’ unfair assertion of sentencing on July 2, 1969, and reversed the judgment of the first instance, and sentenced Defendant A and Defendant C and D to imprisonment with prison labor for not less than one year and six months and suspension of qualifications and one year of confiscation, and sentenced Defendant C and D to suspension of qualifications for each of them (hereinafter “the judgment subject to a retrial”).

Defendant

A filed a final appeal with Supreme Court Decision 69Do1312 regarding the judgment subject to a final judgment, but the Supreme Court dismissed the final appeal on September 30, 1969, thereby rendering final and conclusive the judgment subject to a final judgment against Defendant A as it is. The judgment subject to a final judgment against Defendant C and D also became final and conclusive around that time because the above Defendants did not file a final appeal.

(d)

On April 24, 2015, petitioners filed a petition for a new trial on the judgment subject to a new trial. On January 24, 2017, this court rendered a decision to commence a new trial on the part of Defendants among the judgment subject to a new trial on the grounds that there exist grounds stipulated in Article 420 subparag. 7 of the Criminal Procedure Act in the judgment subject to a new trial. The prosecutor re-appealed on the grounds that the reappeal was dismissed on May 12, 2017, and thus the said decision to commence the new trial became final and conclusive.

2. Summary of reasons for appeal;

A. Defendants 1) misunderstanding the fact that Defendants were engaged in fishing with a view to raising fishing.

참조조문