[군무이탈·반공법위반][공1975.4.1.(509),8318]
The starting time of the crime of escape under Article 6 (1) of the Anti-Public Law
If it seems that there was a commencement of escape to an area under the control of anti-government organizations in the Republic of Korea, it shall be deemed that the commencement of implementation has to reach the degree of escape to the area where the entry of the general public is controlled under the purpose of escape.
Defendant
Attorney (Korean, P.C.)
The Army, High Military Court Decision 74 High Military Air Port218 delivered on July 11, 1974
The judgment below is reversed, and the case is remanded to the Army, High School, and Military Court.
1. The judgment of the court of first instance recognized the first instance as the fact that the defendant, who served as a father of the 312 Beder in the 30th Order, went beyond the steel network on December 17, 1973 and went beyond the 13:20th Order, and went beyond the steel network to visit North Korea, and tried to go beyond the 3th Order of the Republic of Korea to go beyond the 3th Order of the 3th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 30th Order of the 193th Order of the 19:30th Order of the 193rd Order of the 19:30th Order of the 10th Order of the Military Criminal Act.
2. However, if it is deemed that there was the commencement of escape from the Republic of Korea to an area under the control of an anti-government organization, it shall be deemed that the crime of escape was commenced to the area where the entry of the general public is controlled under the purpose of escape from North Korea, and to the extent of escape toward North Korea (see Supreme Court Decision 72Do1543, Aug. 29, 1972). Thus, in this case, it is difficult to find out whether the above facts recognized by the court below have reached the extent of escape. Thus, the court below erred by misapprehending the legal principles as to the commencement of escape, which did not exhaust all the deliberation, and its illegality affected the conclusion of the judgment, and it is therefore justified.
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-chul (Presiding Justice)