Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

1. Case progress

A. Defendants were prosecuted as charges of violation of public law, etc. by the Jeonju District Court 68Da3084, and on February 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 B of three years of imprisonment and suspension of qualification, one year of suspension of qualification, one year of imprisonment and one year of suspension of qualification, two years of suspension of execution, two years of suspension of qualification, one year of suspension of qualification, and one year of suspension of qualification, two years of imprisonment and one year of suspension of qualification, and two years of suspension of qualification, respectively.

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

Accordingly, the defendants except the defendant B filed an appeal with the Gwangju High Court, and the Gwangju High Court sentenced the dismissal of appeal on July 12, 1969.

Since then, the Defendants waived their right to appeal or withdrawn their appeal, thereby the judgment subject to a retrial against the Defendants became final and conclusive at that time.

C. On July 2, 2018, the applicant for a retrial filed a petition with this court for a retrial on the judgment subject to a retrial. On March 19, 2019, this Court held that the Defendant was detained by police officers belonging to the Military Police Station on the ground that the Defendant continued to be detained within at least 72 hours from November 4, 1968, in the absence of a warrant of ex post facto detention, and thus, it is reasonable to deem that each of the detention warrants against the Defendants was unlawfully detained until the lawful execution of the warrant of detention. The police officers’ act constitutes the crime of unlawful arrest and confinement as stipulated in Article 124 of the Criminal Act.

Meanwhile, Article 249(1) of the former Criminal Procedure Act (amended by Act No. 8730, Dec. 21, 2007; Article 3 of the Addenda of the said amended Act applies to the crime committed prior to its enforcement) provides that the statutory penalty for the crime of illegal arrest or confinement is “a term of imprisonment with prison labor for not more than seven years and suspension of qualification for not more than ten years.”