Main Issues

Act on the Joining and immediately committing a crime under Article 1-3 of the National Security Act (No. 10);

Summary of Judgment

It is reasonable to interpret Article 1 subparag. 3 of the former National Security Act (Act No. 10, Dec. 1, 48) as falling under a kind of immediate crime, not a continuous crime, but a complete procedure for joining the National Security Act. It is reasonable to interpret that the crime is not a type of crime, but a type of immediate crime, rather than a certain degree of time, such as arrest, confinement, or confinement, which is a typical continuous crime.

[Reference Provisions]

Article 1 subparag. 3 of the National Security Act (Law No. 10), Article 1 of the Act (Act No. 500), Article 1 of the Criminal Act, Article 4(1) of the Addenda to the Criminal Act

Appellant, Defendant

Defendant

Judgment of the lower court

Seoul High Court, Seoul High Court, Seoul High Court, etc.

Reasons

Therefore, according to the previous decision of the court below which held that the defendant should continue to join the crime of violence against the defendant 1 and the defendant's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted's non-indicted.