특정범죄가중처벌등에관한법률위반(도주차량)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Although it is difficult to see that the act of misunderstanding of facts and misunderstanding of legal principles is an act of obvious danger to the national existence and security or democratic fundamental order, the court below's judgment convicting the defendant of the crime of violating the National Security Act against the defendant is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment. 2) The court below's sentence of unfair sentencing (one year of imprisonment and one confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In full view of the following circumstances, which can be acknowledged by the court below and the court below's duly adopted and investigated the defendant's assertion of misunderstanding of facts and misapprehension of legal principles, it is reasonable to view that the defendant's preliminary act of escape to North Korea is an act which may endanger the national existence and security or free democratic fundamental order.
Therefore, it is just that the court below found the defendant guilty of violating the National Security Act (Influence and escape), and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant, and thus, the defendant and his defense counsel's above misunderstanding of facts
1. The Defendant went away from North Korea on June 19, 2014 and entered Korea around August 21, 2014, and was jointly investigated by the relevant agencies. The Defendant received education on adaptation to the society of the Republic of Korea, Korean laws and institutions of the Republic of Korea at one of the education facilities for North Korean defectors, and has been living in the Republic of Korea from January 29, 2015.
The defendant obtained the above process of entry into North Korea and Korea, the examination and management system of the Republic of Korea for North Korean defectors, the joint examination method, the examination method, the location and structure of the relevant agency, the details of one-time education, and the process of admission and discharge, other than those known in the Republic of Korea.