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(영문) 서울중앙지방법원 2020.09.11 2020나10519
손해배상(국)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

(a) The status of the parties 1) Plaintiff A, B, C, D, E, and I shall be J and siblings. 2) Plaintiff F, G, and H shall be the spouse and children of the deceased I.

B. Around June 1, 1968, J returned to the Republic of Korea on and around October 31, 1968, along with other crew members of K of a fishing vessel. (2) On November 1, 1968, J was investigated by the East Mancheon Police Station as it was committed on and around November 1, 1968 due to a violation of the Public Law and Fisheries Act and was detained. (3) On or around November 4, 1968, the J was investigated by the East Mancheon Police Station.

On the other hand, the detention warrant against J was issued on November 27, 1968 and enforced on the following day.

3) Ultimately, around November 4, 1968, J was investigated under confinement for about one month before the enforcement of a detention warrant after the enforcement of the detention warrant. An investigator, etc. belonging to the Military Military Police Station: (a) prevented contact with the outside during the aforementioned illegal detention period; (b) forced a co-suspect who is either the J and other crew members to make a confession; and (c) forced a co-suspect to make a confession at the entrance, etc. without permission; and (d) led the J and the co-suspect to make a strong investigation into the beta, water adviser, lock-out, etc. In the process, from around 19:0 on May 31, 1968 to June 1:00, 1968, the K and the co-suspect led to the confession of the above charges of violation of the Fisheries Act for more than 19 years, and 19 years during which the police officer had been charged with a violation of the Act, and 15 years during which the said prosecution continued to be prosecuted and 15 years during the same offense.

(2) The court of first instance accepted the appeal by the court of first instance on July 2, 1969 on the grounds of unfair sentencing. The court of first instance accepted the appeal by the court of first instance on the grounds of unfair sentencing on February 2, 1969.

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