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(영문) 대법원 2017.4.13. 선고 2016도17199 판결

국가보안법위반(잠입·탈출)(인정된죄명남북교류협력에관한법률위반),국가보안법위반(편의제공)

Cases

2016Do17199 Violation of the National Security Act (Influence and escape),

Violation of the Act on the Force and the National Security Act (Provision of Convenience)

Defendant

A

Appellant

Prosecutor

The judgment below

Suwon District Court Decision 2015No7511 Decided September 30, 2016

Imposition of Judgment

April 13, 2017

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the Defendant on the ground that the facts charged in the instant case constitute a case where there is no proof of a crime regarding the violation of the National Security Act (i.e., diving and escape) and the violation of the National Security Act (i.e., provision of convenience). Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges

Justices Jo Hee-de

Justices Kim Chang-suk

Justices Park Sang-ok