국가보안법위반등
The judgment below
The guilty portion against the defendant shall be reversed.
The defendant shall be innocent.
On November 8, 1969, the defendant escaped to an area under the control of an anti-government organization, was released from the territory under the control of an anti-government organization, and did not immediately surrenders to an area under the control of the Republic of Korea, and was prosecuted to the Jeonju District Court on November 8, 1969 due to the violation of the National Security Act, such as the divulgence of State secrets, and the violation of the National Security Act due to the divulgence of State secrets among the facts charged against the defendant on March 30, 1970, and the Jeonju District Court convicted the defendant of all the remaining facts charged, and sentenced the defendant to three years and three years of qualification suspension.
As to this, the defendant and prosecutor appealed to the Gwangju High Court (70No138), but the Gwangju High Court rendered a judgment that dismissed the prosecutor's appeal regarding the acquittal portion among the judgment of the court below against the defendant on July 22, 1970 on the ground that the court below erred in applying Article 6 (2) of the Anti-Public Law even though the court below prosecuted the defendant as to the violation of anti-public law due to the violation of Article 6 (3) of the anti-public law due to the omission of the escape from North Korea among the conviction portion of the judgment of the court below against the defendant on July 22, 1970 (hereinafter "the judgment subject to a retrial"), and the judgment that dismissed the prosecutor's appeal regarding the non-guilty portion among the judgment of the court below against the defendant (hereinafter "the judgment subject to a retrial") was final and conclusive by declaring the dismissal judgment
On January 23, 2006, G, H’s I, and J, a co-defendant of the judgment subject to a retrial, 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 criminal facts of the judgment subject to a retrial due to an investigation by an investigative agency’s illegal confinement and harsh acts, and some criminal facts are distorted or distorted.