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(영문) 서울중앙지방법원 2015.09.10 2011재고합7

국가보안법위반(반국가단체의구성등)

Text

The defendant shall be innocent.

Reasons

1. Case summary

A. As stated in the facts charged, the facts charged are as follows.

B. The progress of the case (1) 32 persons, including the Defendant, were indicted on charges of violation of the National Security Act, violation of the anti-public law, etc. by the Seoul Criminal Court 74 Gohap160 (combined), 175 (Joint), 181 (Joint), and 196 (Joint). On July 24, 1974, the above court convicted the Defendant of all the charges of this case and sentenced the Defendant to imprisonment for life.

(2) On December 9, 1974, the Seoul High Court dismissed all appeals filed by the Defendant and the prosecutor on December 9, 1974. While the Defendant appealed, the Supreme Court dismissed the Defendant’s appeal on April 8, 1975, the Supreme Court dismissed the Defendant’s appeal, and the instant judgment subject to a retrial became final and conclusive.

(2) On February 8, 2011, the Defendant filed a motion for a new trial on the instant judgment subject to a new trial. On October 23, 2014, the instant judgment subject to a new trial was rendered pursuant to Articles 420 subparag. 7 and 422 of the Criminal Procedure Act.

However, the Seoul High Court dismissed the prosecutor's appeal on March 13, 2015, and on March 17, 2015, the above decision on commencing a new trial became final and conclusive.

2. Determination of facts charged

A. The summary of the Defendant’s assertion was just one time in North Korea as it was unfortunately unfortunateed, and there was no fact that the Defendant escaped from North Korea to an area under the control of anti-government organizations to receive or receive an order from North Korea’s public organizations, or was locked upon receipt of an order from North Korea’s public organizations. There was no fact that the Defendant collected and detected national secrets and military secrets for the purpose of achieving the purpose as a member of anti-government organizations.

B. The summary of the evidence submitted by the prosecutor is admissible as evidence to prove the facts charged of the instant case. ① The police and the suspect interrogation protocol of the Defendant, the written statement prepared by the Defendant by the police and the prosecution, reflective documents, ② the seizure protocol (No. 4), and custody certificate (Evidence No. 5).