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(영문) 서울중앙지방법원 2013.07.10 2011재고합51

국가보안법위반(기타)등

Text

The defendant shall be innocent.

Reasons

1. Case summary

A. The summary of the facts charged is as indicated in the annexed facts charged. The summary of the facts charged is as follows. The defendant: (a) diving, escape, or counter-espionage activities under the order of the Japanese War Veterans Association of anti-government organizations (hereinafter referred to as the "Mediation Officers") from early March 1, 1972 to December 20, 1973 (the facts of the prosecution are as follows 1 to 8), and (b) transferred it to other public artist F from the Haman on January 23, 1974 to other public artist F, and thereafter, (c) took over diving, escape, and counter-espionage activities under the order of F until December 23, 1975 (Articles 9 through 19), and (d) transferred it from the police officer first on April 1, 1976 to any other public official leader on July 1, 197, and then transferred it to the meeting from the meeting of the members during the period from January 23, 1975 to December 24, 198.

(20 to 38). (b) Facts of prosecution

1) On November 10, 1982, in the case of violation of the National Security Act and violation of the Anti-Public Law against the Defendant, the Seoul Criminal District Court recognized the Defendant as guilty on all the charges of this case and sentenced the Defendant to 15 years imprisonment and suspension of qualifications for 15 years. The instant judgment subject to a retrial became final and conclusive as the Seoul High Court Decisions 82No3406 decided March 17, 1983 and 83Do1031 decided June 28, 1983, respectively, dismissed the Defendant’s appeal and final appeal. 2) On September 19, 2011, the Defendant filed a request for a retrial against the instant judgment subject to a retrial. The instant judgment subject to a retrial became final and conclusive by deeming that there was a ground for retrial as prescribed in Articles 420 subparag. 7 and 422 of the Criminal Procedure Act in the instant judgment subject to a retrial on April 5, 2013.

2. Whether the facts charged in this case are acknowledged

A. Each police interrogation protocol and written statement against the defendant as evidence submitted by the prosecutor for the purpose of proving the facts charged in the instant case, and each prosecutor's office.