(영문) 전주지방법원 2017.10.20 2017재노1 | 리걸엔진

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줄 간격

자간(%)

(영문) 전주지방법원 2017.10.20 2017재노1

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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 prosecuted under the charge of violating the Public Law and the Fisheries Act (hereinafter “instant charge”), such as the summary of the facts charged under Article 3-3(a), and the charge of violating the said Act (hereinafter “instant charge”). On February 15, 1969, the Defendants convicted the Defendants of both the facts charged and sentenced the Defendants to one year of imprisonment and one year of suspension of qualification.

B. The Defendants filed an appeal against the judgment of the first instance as to the judgment of the Jeonju District Court 69No170, 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 the Defendants to eight months of imprisonment and one year of suspension of qualification (hereinafter “the judgment subject to a retrial”).

The period of appeal by the Defendants did not appeal against the judgment subject to a retrial, and the judgment subject to a retrial against the Defendants became final and conclusive at that time.

(d)

On January 18, 2017, the claimant for a retrial filed a request for a retrial on the judgment subject to a retrial. On September 13, 2017, this court rendered a decision to commence a retrial on the part of the Defendants among the judgment subject to a retrial on the grounds that there exist grounds prescribed by Article 420 subparag. 7 of the Criminal Procedure Act in the judgment subject to a retrial, and the said decision to commence a retrial became final and conclusive around that time.

2. Summary of reasons for appeal;

A. The Defendants 1) misunderstanding the facts as follows: (a) there was no fact that the Defendants exceeded the fishing patrol line or the Military Demarcation Line for the purpose of raising fishing vessels, as stated in the facts charged; and (b) even if there was a fact that the Defendants exceeded the fishing patrol line or the Military Demarcation Line, it was done in a state that the Defendants did not have awareness of the fact while fishing operations, and thus, there was no intention to do so.

2) The lower court’s punishment (the Defendants are punished by imprisonment with prison labor).

참조조문

-반공법

-수산업법

유사 판례

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