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(영문) 서울중앙지방법원 2020.11.24 2020가단5069270
손해배상(국)
Text

1. As to the Plaintiff A, B, C, and D, the Defendant: (a) KRW 24,109,120 for each of them; and (b) KRW 9,109,120 for the Plaintiff F and each of the said money.

Reasons

1. Basic facts

A. (1) On the grounds that the judgment subject to review became final and conclusive, Non-party G (hereinafter “the deceased”) was indicted for the following charges by the Daejeon District Court 69Da3089.

The act of fishing outside the fishing base line and escape from the area under North Korea's control.

As above, while engaging in fishing, the North Korean executives and others provided military interest to the North Korean security guards at the time of peace.

After a resolution to perform North Korea's order was adopted, North Korea returned to the Incheon Port, pretended to return to North Korea, thereby having been set away from the region under North Korea's control.

(2) On April 7, 1970, the above court convicted him of the charge (violation of anti-public law and violation of the Fisheries Act, which escaped to the sea area under the North Korean territory, and goes beyond the fishing storage line), and sentenced him to one year and one year of suspension of qualification.

(Fact of Facts, the Defendant was not guilty). (3) The judgment of the court of first instance on September 9, 1970, while maintaining the judgment of the court of first instance on the charge of the death and the prosecutor, the appellate court accepted the deceased’s allegation of unfair sentencing and reversed the judgment of the first instance court and sentenced the deceased to ten months of imprisonment and suspension of qualifications and ten months of suspension of qualifications.

(Seoul High Court 70No296, hereinafter "the judgment subject to review"). (4) The judgment subject to review became final and conclusive on September 17, 1970.

(5) The Deceased was detained for 304 days from November 2, 1969 to September 1, 1970 as the above case, and died on March 7, 2008, and the Plaintiffs, who were the deceased’s children, jointly inherited the Deceased.

B. (1) On April 27, 2017, Plaintiff D, who is a dependent of the deceased, requested a retrial against the judgment subject to retrial. On November 22, 2019, the said court rendered a decision to commence a retrial against the convicted couple among the judgment subject to retrial.

After returning to the Incheon port from November 2, 1969, the deceased et al. was investigated by the Joint Investigation Headquarters and the Seocheon Police Station.

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