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(영문) 전주지방법원 2012.05.17 2010재고합1 (1)

국가보안법위반등

Text

Defendants are not guilty.

Reasons

1. Case progress

A. The Defendants escaped to an area under the control of an anti-government organization, and did not immediately surrenders to the Republic of Korea from the area under the control of an anti-government organization to the area under the control of an anti-government organization, and did not immediately surrenders to the said organization. The Defendants did not inform an investigation agency of a person who was deprived of, and did not voluntarily surrenders to, the Republic of Korea from the area under the control of an anti-government organization. The violation of the National Security Act, such as the divulgence of State secrets, and the violation of the anti-public law on November 8, 1969, prosecuted against the Jeonju District Court (69Da3400 on March 30, 1970). On March 30, 1970, the Jeonju District Court convicted Defendant A of imprisonment with prison labor for ten years and ten years, suspension of qualifications for Defendant D and suspension of qualifications for seven years, and seven years, suspension of qualifications for Defendant B and three years, suspension of qualifications for three and three years, suspension of qualifications for each of three and three years, suspension of qualifications for three and five years.

B. As to this, Defendant A, B, C, and D and the Prosecutor respectively appealed (70No138), but the Gwangju High Court dismissed each of the above appeals on July 22, 1970, and Defendant A, B, D and Prosecutor respectively (70Do1809), but the Supreme Court dismissed each of the above appeals on October 30, 1970 and thus the judgment subject to a retrial became final and conclusive by the Supreme Court.

C. On January 23, 2006, Defendant A’s G and Defendant D’s J filed an application for ascertaining the truth with the Criminal Procedure Commission for the truth and reconciliation (hereinafter “AD”). On January 19, 2010, the past History Commission rendered a false confession of the Defendants’ criminal facts in the judgment subject to review due to the investigation by an investigative agency’s illegal confinement and harsh acts, and distorted some criminal facts.