[국가보안법위반][집9형,134]
In the case of joining an anti-government organization, performing the duty of guidance thereafter, and conducting general affairs;
In the case of joining the anti-government organization and performing the guidance duty thereafter, it is reasonable to be punished by a single comprehensive crime, which is the point of joining the organization and is engaged in guidance duty.
Article 1 subparag. 3 of the National Security Act (Act No. 10), Article 3 of the National Security Act (Act No. 10), Article 17 of the National Security Act (Act No. 500), Article 6 of the National Security Act (Act No. 549), Article 8 of the National Security Act (Act No. 549)
Prosecutor Kim Sung-jin
Defendant
Seoul High Court, Seoul High Court, Seoul High Court, etc.
In the case of joining an anti-state organization and engaging in a guidance duty thereafter, it is reasonable to treat the case as a single crime, including the points of joining the anti-state organization and the points of leading duty, and the judgment of the court below is unfair as not only because it was unfair that the fact that the court below recognized the anti-state organization and determined the extinctive prescription was completed, but also that it was not guilty on the ground that there was no punishment law at the time, even though the court below recognized the fact that the court below consulted in the Northwest area, it did not affect the judgment by wrong application of the law, so the judgment of the court below is improper.
Justices Cho Jin-jin (Presiding Justice)